WA No.460/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Wednesday, the 8th day of June 2022 / 18th Jyaishta, 1944
WA NO. 460 OF 2022
AGAINST THE ORDER DATED 29.11.2O21 IN I.A.1/2021 IN WP(C) 22196/2021 OF THIS
COURT
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APPELLANT/8TH RESPONDENT IN THE WRIT PETITION:
THE MOOLATHARA KSHEEROLPADAKA CO-OPERATIVE SOCIETY LIMITED,
MEENAKSHIPURAM P.O., PALAKKAD-678533, (REPRESENTED BY ITS SECRETARY,
AJITHKUMAR C., AGED 45 YEARS, S/O. GOPINATHAN, RESIDING AT
CHILAMBATH HOUSE, VALMUTTY LANE, CHITTUR P.O., PALAKKAD-678101).
BY ADVS.M/S. G.HARIHARAN,PRAVEEN HARIHARAN,SMITHA PRAVEEN,
V.R.SANJEEV KUMAR & ANJALY T.A
RESPONDENTS/PETITIONERS 1 TO 3, RESPONDENTS 1 TO 7 & 9 IN THE WRIT PETITION:
1. SIVAKUMAR J., AGED 42 YEARS,S/O JAGANATHAN, THARAKANCHALLA KALAM
VANNAMADA, KOZHIPATHY, CHITTUR TALUK, PALAKKAD DISTRICT-676855.
2. THYAHU KUMAR, S/O RAJAGOPAL, ELLAKKAD, MOOLATHARA VILLAGE, CHITTUR
TALUK, PALAKKAD DISTRICT-678533.
3. KRISHNAKUMAR V., AGED 39 YEARS , S/O VENKITACHALAM, MALAYANDI
KOUNDANOOR, KOZHIPATHY CHITTUR TALUK , PALAKKAD DISTRICT-676855.
4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DAIRY
DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
5. THE DIRECTOR OF DAIRY DEVELOPMENT DEPARTMENT, PATTOM,
THIRUVANANTHAPURAM-695004.
6. THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, CIVIL STATION,
PALAKKAD-678001.
7. M/S.MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION
LTD., (MILMA), HEAD OFFICE, PERINGALAM, KUNNAMANGALAM, KOZHIKODE
DISTRICT-673570, REPRESENTED BY ITS MANAGING DIRECTOR.
8. THE DAIRY MANAGER, (MILMA), PALAKKAD DAIRY, KALLEPULLY, PALAKKAD
DISTRICT-678005.
9. KUNNAMKATTUPATHI KSHEEROLPADAKA SAHAKARANA SAANGAM LTD., REPRESENTED
BY ITS SECRETARY, VANNAMADA P.O., PALAKKAD DISTRICT-676855.
10. KUMARANOOR KSHEEROLPADAKA SAHAKARANA SAANGAM LTD., REPRESENTED BY
ITS SECRETARY, VANNAMADA P.O., PALAKKAD DISTRICT-676855.
BY SENIOR GOVERNMENT PLEADER SRI.T.K.VIPIN DAS FOR R5
WA No.460/2022 2/5
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of Annexure-VII order dated 24.03.2022 issued by the
6th respondent, pending disposal of the above writ appeal.
This Writ Appeal coming on for orders on 08/06/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
WA No.460/2022 3/5
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
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WA No. 460 of 2022
[arising out of the impugned modified order dated 29.11.2021 in IA No.1/2021
in WP(C) No.22196/2021]
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Dated this the 8th day of June, 2022
ORDER
Sri.T.K.Vipin Das, learned Senior Government Pleader, seeks time to get specific instructions from the 5th respondent - the Director of Dairy Development Department as to whether the said officer has gpassed orders on Ext.P5 representation dated 08.09.2021 in compliance with the modified order dated 29.11.2021 rendered by the learned Single Judge on IA No.1/2021 in the disposed WP(C) No.22196/2021, after the issuance of Annex.VII proceedings dated 24.03.2022 by the 6 th respondent - the Deputy Director of Dairy Development, whereby the earlier order passed by the 6th respondent - the Deputy Director of Dairy Development, as per Annex.V proceedings dated 10.03.2022, has been withdrawn.
2. If no orders have so far been passed or no decision has been taken by the 5th respondent - the Director of Dairy Development Department on Ext.P5 representation, then, Sri.G.Hariharan, learned counsel appearing for the appellant; and Sri.K.Mohanakannan, learned counsel appearing for respondents 1 to 3/writ petitioners, may get WA No.460/2022 4/5 WA No. 460 of 2022 2 instructions from the respective parties as to whether they are agreeable, if this Court orders that Annex.V proceedings dated 10.03.2022 is restored and Annex.VII proceedings dated 24.03.2022 is ordered to be set aside or rescinded by this Court.
List the case on 14.06.2022.
Hand Over Sd/-
ALEXANDER THOMAS JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE bka/-
08-06-2022 /True Copy/ Assistant Registrar
WA No.460/2022 5/5
EXT.P5: TRUE COPY OF THE REPRESENTATION DATED 8/9/2021
BEFORE THE 4TH RESPONDENT.
Annexure V: TRUE COPY OF THE DETAILED ORDER DATED 10.3.2022 ISSUED
BY THE 6TH RESPONDENTS IN RESPONSE TO THE JUDGMENT IN WP(C) NO.22196/2021.
Annexure VII: TRUE COPY OF THE ORDER DATED 24.3.2022 ISSUED BY THE 6TH RESPONDENT.