IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(C).No.20315 OF 2020(L)
PETITIONER:
ELAMBULASSERY DAIRY DEVELOPMENT CO-OPERATIVE SOCIETY
LTD
NO.P-163(D) APCOS, REP. BY ITS PRESIDENT, JOHNSON K.,
KARIKKODE, ELAMBULASSERY P.O., PALAKKAD DISTRICT- 678
595
BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
RESPONDENTS:
1 THR DIRECTOR
OFFICE OF THE DIRECTORATE, DAIRY DEVELOPMENT
DEPARTMENT, PATTOM P.O., THIRUVANANTHAPURAM.695 004.
2 THE DEPUTY DIRECTOR
DAIRY DEVELOPMENT, OFFICE OF THE DEPUTY DIRECTOR,
CIVIL STATION, PALAKKAD.678 001.
OTHER PRESENT:
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20315 OF 2020(L)
2
JUDGMENT
Dated this the 4th day of January 2021 The petitioner is a Diary Development Co-operative Society having its area of operation fixed as ward Nos.1, 2 and 3 of Karimpuzha Panchayat. Due to the delimitation process in 2005, the areas of operation of the society was re-fixed as ward Nos.7, 8, 9, 10 and 11 of the Pachayath. The grievance of the petitioner is that a proposal has now been mooted to form yet another diary society with its areas of operation overlapping into the area of the petitioner-society in ward numbers 9 and 10 of the above Panchayath.
2. Heard the learned Counsel for the petitioner and the learned Government Pleader.
3. On last occasion, it was submitted that two separate applications were received and they were forwarded to the Diary Extension Officer for assessing the feasibility. Only after obtaining the feasibility report new society would be granted permission. It was submitted WP(C).No.20315 OF 2020(L) 3 that the stage has not reached at that time.
4. It seems that the same situation as submitted in last occasion continues. If there is any chance of the areas of operation of the applicant Societies overlapping into the area of operation of the petitioner-society, necessarily the petitioner-society is entitled to be heard, since it may affect their interest.
5. Having considered this, I am inclined to dispose of the writ petition itself with a direction that in the event of reports submitted to the authorities disclose the possibility of overlapping of the areas of operation, further decision on the basis of it shall be taken only after giving a reasonable opportunity to the petitioner herein to be heard.
The writ petition is disposed of accordingly.
Sd/-
SUNIL THOMAS JUDGE SKP/4-1 WP(C).No.20315 OF 2020(L) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF THE KARIMPUZHA GRAMA PANCHAYATH, DATED 24.6.2009.
EXHIBIT P2 TRUE COPY OF THE OBJECTIONS RAISED BY THE PETITIONER BEFORE THE DIARY EXTENSION OFFICER DATED 8.9.2008.
EXHIBIT P3 TRUE COPY OF THE OBJECTIONS RAISED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10.6.2009.
EXHIBIT P4 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.9.2020.
EXHIBIT P5 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.9.2020.
RESPONDENTS'S EXHIBITS:NIL TRUE COPY P.A. TO JUDGE