IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 27729 of 2008(A) --------------------------------------- PETITIONER: ------------------- MANIAMMA, SREEBHAVAN, NORTH MYNAGAPPALLY POST, KUNNATHOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI.B.KRISHNA MANI. RESPONDENT: --------------------- THE ASSISTANT MANAGER (P&I), KOLLAM DAIRY (MILMA), THEVALLI, KOLLAM. BY ADV. SRI.B.S.KRISHNAN(SR.), SC, MILMA, ADV. SRI.K.ANAND, ADV. SMT.LATHA KRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, ALONG WITH W.P.(C). NO. 27737/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).Nos.27729/2008-A & 27737/2008-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of December, 2008. JUDGMENT The petitioners in these matters espouse their grievance in relation to the alleged refusal of MILMA to extend facilities available to the dependants of members of primary milk co- operative societies on account of the demise of the breadwinner of the family. The petitioner in WP(C).27729/2008 states that she is the wife of Radhakrishna Pillai and the petitioner in WP(C). 27737/2008 states that she is the wife of Raveendran Pillai, both of whom died while being members of the North Mynagappally Milk Producers' Co-operative Society Limited No.Q259(D) APCOS. The complaint of the petitioners is met by MILMA by stating that the primary societies did not forward the applications of the petitioners within time and that all primary societies have WP(C)27729 & 27737/08 -: 2 :- been repeatedly reminded that such applications for ameliorative benefits should be forwarded within the time prescribed as per the order governing the situation, in terms of Circular No.225/2007 and the rules framed by the MILMA [Ext.R1(a)]. While it may be true that it would be viable for the MILMA to work out the scheme only if the beneficiaries apply within the time limit fixed and only if the primary societies take the responsibility of forwarding such applications within the time limit, any delay by the primary societies for doing so is a matter for those societies to explain and in exceptional cases, if the MILMA is satisfied of any explanation that is given by the primary societies, it should be available within the powers of MILMA to consider such request also for extending ameliorative benefits under Ext.R1(a) scheme, which is really meant for downtrodden and those who need succour in the socialist State under the Indian Constitution. When such measures are extended, the urge of the establishment WP(C)27729 & 27737/08 -: 3 :- should be to provide the succour rather than rejects it on the technicalities. In the aforesaid circumstances, the petitioners are directed to produce a copy of this judgment before the Secretary of the North Mynagappally Milk Producers' Co-operative Society Limited No.Q259(D) APCOS with a copy of the writ petition. Following that, the Secretary of that Society will meet the competent authority in MILMA, namely, the first respondent and explain the reasons why the delay till that was there happened. It is then for the MILMA to consider the request of the petitioners. Let the needful be done without any delay, at any rate, within three months. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/121208