IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 25132 of 2011(N) ---------------------------------------- PETITIONER(S): ------------------------ 1. R. ANILKUMAR, S/O. RAMAKRISHNAN NAIR, AGED 47 YEARS, RESIDING AT GIRI BHAVAN, VALIYARA, VELLANAD, P.O. THIRUVANANTHAPURAM. 2. R. CHANDRASEKHARAN NAIR, S/O. RAGHAVAN PILLAI, AGED 60 YEARS, RESIDING AT KUNNIL VEEDU, VALIYARA, VELLANAD, P.O. THIRUVANANTHAPURAM. 3. K. SASIDHARAN, S/O.KUNJUKRISHNAN NADAR, AGED 62 YEARS, RESIDING AT PRAVEEN HOUSE, KUTHIRAKULAM, KUTHIRAKULAM P.O., THIRUVANANTHAPURAM. 4. RUGMINI AMMA, D/O. NAGAPPAN NAIR, AGED 62 YEARS, RESIDING AT MAVARATHALA VEEDU, KRISHNASREE, KULAKKODU, VELLANAD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR SRI.G.SURARSHAN SRI.ABHIJETT LESSLI RESPONDENT(S): --------------------------- 1. DIRECTOR OF DAIRY DEVELOPMENT, OFFICE OF THE DIRECTOR OF DAIRY DEVELOPMENT, THIRUVANANTHAPURAM.PIN-695 001 2. DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, OFFICE OF THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, THIRUVANANTHAPURAM.PIN-695 001 3. DAIRY DEVELOPMENT OFFICER, VELLANAD, VELLANAD P.O., THIRUVANANTHAPURAM.695 001 R1 TO R3 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25132/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONERS. P1(A) COPY OF THE BYE-LAW OF THE SOCIETY. P2 COPY OF THE SHOW CAUSE NOTICE DATED 6/9/2011. P3 COPY OF THE PLAINT IN ARC 30/89 BEFORE THE THIRUVANANTHAPURAM DAIRY CO-OPERATIVE SOCIETY, JOINT REGISTRAR (ARBITRATION COURT). P4 COPY OF THE PRELIMINARY REPLY FILED ON 16/9/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 25132 of 2011 ------------------------------- Dated this the 22nd day of September, 2011 J U D G M E N T Ext.P2 show cause notice dated 6.9.2011 issued by the Deputy Director of Dairy Development under rule 44 of the Kerala Co- operative Societies Rules calling upon the petitioners to show cause why they should not be disqualified from being members of the managing committee of Valiyara Milk Producer's Co-operative Society Ltd. No.143(D)APCOS is under challenge in this writ petition. 2. The main contention raised by the petitioners is that show cause notice is rested on untenable grounds and that there is no reason why such a notice should have been issued. It is evident from the pleadings and the materials on record that what is under challenge is a show cause notice issued under rule 44 of the Kerala Co-operative Societies Rules. The petitioners have no case that the Deputy Director of Diary Development is not competent to issue the notice. The petitioners have already filed objections to the show cause notice. It is also stated in the show cause notice that the petitioners will be heard on 22.9.2011 and thereafter only orders will be passed. From an order of disqualification issued under rule 44 of the Kerala Co- operative Societies Rules, an appeal lies to the Government. The W.P.(C) No.25132 of 2011 2 petitioners thus have an effective and alternate remedy, if they are aggrieved by the orders to be passed by the Deputy Director of Dairy Development. I, therefore, find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioners to defend the action initiated against them and if they are aggrieved by the orders passed by the Deputy Director of Dairy Development to challenge it in appeal before the Government. The contentions of both sides on the merits are kept open. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.25132 of 2011 JUDGMENT Dated:- 22nd September, 2011 --------------------------------------