IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 WP(C).No. 1490 of 2011(I) ------------------------ PETITIONER(S): ----------------------- 1. N.KRISHNAN NAIR, KUZHIVILLAVEEDU, KALLIPPARA, PACHA P.O., THIRUVANANTHAPURAM 2. K.KARUNAKARAN, MUKKOLAKKAL VEEDU, KUDAVANADU, PERAYAM P.O., THIRUVANANTHAPURAM. 3. SASIKALA T., RADISH BHAVAN, VAZHAPPARA, PALUVALLY P.O., THIRUVANANTHAPURAM. 4. SUKUMARAN NAIR, DIVYABHAVAN, PONPPARI, PANAYAMUTTAM P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.VAKKOM N.VIJAYAN SMT.V.RENJU SRI.P.ANIYAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -695001. 2. THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT, O/O.THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, THIRUVANANTHAPURAM, PIN-695001. 3. THE SECRETARY, NANDIYODE MILK PRODUCERS CO-OPERATIVE SOCIETY NO.T.57(D), APCOSE, NANDIYODE, PACHA P.O.,THIRUVANANTHAPURAM, PIN-695562. R1 & R2 BY GOVT. PLEADER SRI. BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 1490 OF 2011 -------------------------- Dated this the 17th day of January, 2011 J U D G M E N T The petitioners are members of the managing committee of the third respondent Milk Producers Co-operative Society. The term of the managing committee is three years. After the petitioners were elected as members of the managing committee, the second respondent, who is empowered to exercise the powers of Joint Registrar of the Co-operative Societies, issued Exts.P1 and P2 notices calling upon the petitioners to show cause why they should not be disqualified under rule 44(3) of the Kerala Co-operative Societies Rules. The petitioners thereupon submitted their reply. By Ext.P3 order passed on 8.11.2010, the second respondent held that the petitioners have become ineligible to continue as members of the managing committee of the society. Aggrieved thereby, the petitioners have filed Ext.P4 appeal accompanied by Ext.P4(a) stay petition before the State Government. In this writ petition, the petitioners seek a direction to the State to dispose of the appeal and the stay petition expeditiously. It is stated that though the appeal was presented on 28.12.2010, it was adjourned to 6.1.2011 to await WPC No.1490/2011 2 a report from the second respondent. The petitioners have however not stated what transpired on 6.1.2011. 2. Ext.P3 discloses that the petitioners were disqualified under rule 44(3) of the Kerala Co-operative Societies Rules. Under section 83(1)(j) of the Kerala Co-operative Societies Act, an appeal lies from Ext.P3 to the Government. The period of limitation prescribed for filing the appeal is 60 days from the date of the order appealed against. In the instant case, the order impugned in the appeal was passed on 8.11.2010. Ext.P4 appeal was presented on 28.12.2010. Therefore, the appeal is one filed within the period of limitation prescribed under the Act. In such circumstances, as the petitioners have invoked the appellate remedy available to them in law within the time prescribed and have also moved an application for interim relief, I am of the opinion that the State Government should consider the appeal and the stay petition expeditiously. I accordingly dispose of the writ petition with the following directions: (i) The State Government shall consider Ext.P4(a) application for interim relief filed in the appeal from Ext.P3 order passed by the second respondent expeditiously and in any event within 10 days from the date on which the petitioners produce a certified copy of this WPC No.1490/2011 3 judgment before the Secretary to Government, Co-operation Department. The Government shall after orders are passed on the stay petition, communicate a copy thereof to the petitioners. (ii) The Government shall also pass final orders on Ext.P4 appeal expeditiously and in any event within three months from the date of receipt of a certified copy of this judgment, after affording the petitioners and the third respondent a reasonable opportunity of being heard. The Government shall after orders are passed on the appeal communicate copies thereof to the petitioners. (iii) The contentions of the petitioners on the merits are kept open. P.N.RAVINDRAN, (JUDGE) vps WPC No.1490/2011 4 WPC No.1490/2011 5