IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 23605 of 2003(I) -------------------------- PETITIONER(S): --------------- R.T.RAJAN, PRESIDENT, PUTHENKADA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. NO.T18 (D) APCOS, AGED 48, S/O. RAMASWAMY ASSARI, RESIDING AT THAZHAKKAMNAMADI VEEDU, THIRUPURAM P.O., NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): --------------- 1. REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES DIRECTORATE OF DAIRY DEVELOPMENT(DAIRY) THIRUVANANTHAPURAM. 3. DIRECTOR OF DAIRY DEVELOPMENT, THIRUVANANTHAPURAM. 4. DEPUTY DIRECTOR, DIRECTORATE OF DAIRY DEVELOPMENT, THIRUVANANTHAPURAM. 5. THE KANJAPAZHANJY MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. NO.T79(D) APCOS REPRESENTED BY ITS SECRETARY. BY SR. GOVT. PLEADER SRI. K.S.MOHAMMED HASHIM FOR R1 TO R4 ADV. SRI. P.R.VENKATESH FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 23605/03 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DT. 14.1.03 IN C.M.P. NO.2019/03 IN O.P. NO.780/03 EXT.P2: COPY OF THE COMMUNICATION DT. 4.5.2002 OF THE 4TH RESPONDENT EXT.P3: COPY OF THE COMMUNICATION DT. 4.9.2002 BY 4TH RESPONDENT EXT.P4: COPY OF THE REPLY DT. 23.9.2002 BY THE PETITIONER TO THE 4TH RESPONDENT EXT.P5: COPY OF THE DECISION OF THE PANCHAYAT COMMITTEE DT.28.1.03 EXT.P6: COPY OF THE CERTIFICATE DT. 18.5.2003 BY SECRETARY OF THE GRAMA PANCHAYAT EXT.P7: COPY OF THE ORDER DT. 19.2.03 BY 4TH RESPONDENT EXT.P8: COPY OF THE APPEAL DT. 7.3.2003 EXT.P9: COPY OF THE ORDER DT. 5.6.03 BY 3RD RESPONDENT RESPONDENTS' EXHIBITS: EXT.R5(a): COPY OF THE CERTIFICATE OF REGISTRATION DT. 12.9.1978 EXT.R5(b): COPY OF THE RELEVANT PORTION OF THE BYELAWS OPERATION OF THE 5TH RESPONDENT SOCIETY EXT.R5(c): COPY OF THE SAID CERTIFICATE ISSUED BY THE SECRETARY, THIRUPURAM GRAMA PANCHAYAT EXT.R5(d): COPY OF AMENDMENT NOTICE DT. 28.8.01 OF THE KANCHAMPAZHINJI, GRAMA PANCHAYAT EXT.R5(e): COPY OF ORDER DT. 28.8.01 OF THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT EXT.R5(f): COPY OF THE ORDER No.H2.5869/91 DT. 30.3.1991 ISSUED BY THE JOINT REGISTRAR (DAIRY) PA TO JUDGE TRUE COPY P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 23605 OF 2003 -------------------------- Dated this the 7th day of January, 2010 J U D G M E N T The petitioner, who is the president of a milk producers co- operative society, has filed this writ petition aggrieved by Ext.P7 letter sent by the fourth respondent and Ext.P9 letter sent by the third respondent directing the petitioner's society to close down their milk collection centre on the ground that it is an unauthorised centre functioning within the area of operation of the fifth respondent society, a society of similar type. 2. I have considered the submissions made at the Bar by the learned counsel appearing on either side. In my opinion the dispute raised in this writ petition can easily be resolved by ascertaining the locality where the petitioner's society is stated to be running an unauthorised milk collection centre. I accordingly direct the Director of Dairy Development Centre, the third respondent herein, to cause an inspection of the disputed milk collection centre with notice to the petitioner and the fifth respondent and the local authority concerned and to decide whether the milk collection centre is situated within the area of operation of petitioner's society. It will be open to the W.P.(C) No. 23605/03 2 Director of Dairy Development Centre to depute an officer of his choice to conduct the inspection. It will be open to the officer deputed by the third respondent to seek the assistance of the local authority where the milk collection centre is situated. If after such enquiry the third respondent is satisfied that the milk collection centre is situated within the area of operation of the petitioner society, the third respondent shall withdraw Exts.P7 and P9. On the other hand, if the third respondent is satisfied that the petitioner's society is running an unauthorised milk collection centre within the area of operation of the fifth respondent society, he shall issue necessary orders directing the petitioner's society to close down the same and the petitioner's society shall thereupon close down the collection centre, failing which it will be open to the third respondent to enforce that order in accordance with law. The writ petition is disposed of with the above directions. P.N.RAVINDRAN, JUDGE vps