IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 4717 of 2008(J) ------------------------- PETITIONER(S): --------------- K.P.RADHAKRISHNAN, AGED 53, S/O.PARAMESWARAN PILLAI, MEMBERSHIP NO.263, RESIDING AT PUTHEN VILA VEEDU, PUTHENKULAM P.O PARIPPALLY VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): --------------- 1. J.ANANDA KURUP, AGED ABOUT 46 YEARS, S/O.JANARDHANA KURUP, A.A.BHAVAN, KULATHOORKONAM CHERRY, CHIRACKARA P.O. KOLLAM DISTRICT. 2. THE PLAVINMOODU KSHEEROLPADAKA SAHAKARANA SANGHAM NO.Q 250 (D) APCOS, PLAVINMOODU, PUTHENKULAM P.O., KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY. 3. THE DAIRY EXTENSION OFFICER, DAIRY EXTENSION UNIT, CHATHANNOOR, KOLLAM DISTRICT. 4. THE RETURNING OFFICER (DAIRY FARM INSTRUCTOR), A-UNIT, CHATHANNOR. 5. THE DIRECTOR, DAIRY DEVELOPMENT, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.R.S.KALKURA FOR R2 GOVERNMENT PLEADER SMT.RANI DIOTHIMA FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4717 of 2008 A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE DECISION REPORTED IN 2005(3) KLT 348 IN KARUNAKARA PILLAI VS. VENUGOPALA PILLAI EXT.P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 29/11/2007 EXT.P3 TRUE COPY OF THE COMPLAINT FILED BY A MEMBER OF THE 2ND RESPONDENT SOCIETY BEFORE THE 4TH RESPONDENT DATED 30/11/2007 EXT.P4 TRUE COPY OF THE FINAL VOTERS LIST PUBLISHED BY 4TH RESPONDENT DATED 05/12/2007 EXT.P5 A TRUE COPY OF THE ELECTION NOTIFICATION PUBLISHED BY THE 4TH RESPONDENT DATED 05/12/2007. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4717/2008-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of December, 2010 J U D G M E N T The petitioner, a member of the second respondent Milk Co-operative Society, filed this writ petition challenging the holding of the office by the first respondent in the Board of Directors of the said Society, allegedly, by getting illegal membership. The main allegation is that the Administrators in the office granted membership to the first respondent, and, therefore, the entire election was quashed. This Court passed an interim order on 18/02/2008. As per the same, the first respondent was restrained from participating in any meeting of the Board of Directors of the Society. 2. It is submitted at the Bar that the term of the Committee which was elected, will be over by 03/11/2011. Evidently, the other members of the Board of Directors were functioning and, therefore, they will have to conduct an election to the new Board of Directors on the expiry of their term. The question whether the first respondent or any other members who W.P.(C). No.4717/2008 -:2:- have been admitted are entitled to vote in the election etc. will have to be raised before finalising the voters list. Leaving open the said remedy the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms