IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WA.No. 794 of 2010 ----------------------- AGAINST THE JUDGEMENT IN WPC.36071/2009 Dated 15/01/2010 .................... APPELLANT/ PETITIONER --------------------------- KIZHAKKUMBHAGAM MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.NO.P.T.119(D), APCOS, KIZHAKKUMBHAGAM P.O., NIRANAM, THIRUVALLA REPRESENTED BY ITS PRESIDENT THOMAS P.OOMMEN. BY ADV. SRI.BABU CHERUKARA RESPONDENT: ------------------- THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, PATHANAMTHITTA. GOVERNMENT PLEADER (SPL.) SMT.ANU SIVARAMAN. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 794 of 2010-E - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of June, 2010 Judgment Basheer, J: Appellant/society filed the writ petition praying for a writ in the nature of mandamus or such other appropriate writ, order or direction to the respondents herein to appoint a Returning Officer to conduct elections to the Governing Committee of the Society. Keeping in view the fact that the term of the Managing Committee had already expired, the learned single Judge dismissed the writ petition observing that it would be open to the respondent to appoint an Administrator under Section 33 of the Kerala Co- operative Societies Act in order to manage the affairs of the appellant/Society. 2. Appellant has filed this writ appeal taking exception to the observation made by the learned single Judge. It is contended by learned counsel for the appellant that the learned single Judge was not justified in directing the respondent to appoint an Arbitrator, especially when the appellant Society was prepared to conduct the election. 3. Anyhow, the term of the Managing Committee having WA.794/2010 : 2 : already expired and the Administrator having already been appointed, we do not find any reason to interfere with the order passed by the learned single Judge. 4. But in order to ensure that the Administrator does not delay holding of the election, we directed the Officer concerned to be present in Court. We also directed the President of the Society to make available all the relevant records to the Administrator, so that election can be held without any further delay. 5. Accordingly the former President of the Society has produced the Share Register Volume I and Register of Active Members, in addition to the Purchase Register for the relevant period viz., from April 1, 2009 upto date. 6. The Administrator who has perused the registers referred to above submits that with these records election can be held without any delay. The Administrator is directed to complete the process of election to the appellant/society on or before August 31, 2010. The Writ Appeal is disposed of in the above terms. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.