IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WA NO. 460 OF 2022
(arising out of the modified order in I.A.1/2021 dated 29.11.2021 in the
judgment in WP(C).No.22196/2021)
APPELLANT/8TH RESPEONDENT 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 DISTRICT -678101).
BY ADVS.
G.HARIHARAN(K/66A/1976)
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
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.
WA NO. 460 OF 2022
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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 TALUK, CHITTUR TALUK , PALAKKAD
DISTRICT-676855.
4 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, DAIRY
DEVELOPMENT DEPARTMENT, 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 SANGAM
LTD.,
REPRESENTED BY ITS SECRETARY, VANNAMADA P.O.,
PALAKKAD DISTRICT-676855.
WA NO. 460 OF 2022
..3..
10 KUMARANOOR KSHEEROLPADAKA SAHAKARANA SANGAM LTD.,
REPRESENTED BY ITS SECRETARY, VANNAMADA P.O.,
PALAKKAD DISTRICT-676855.
OTHER PRESENT:
SRI K. MOHANAKANNAN-R1 TO R3
SR.GOVT.PLEADER SRI.T.K.VIPINDAS- R4 TO R6
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 460 OF 2022
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ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
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WA No. 460 of 2022
(arising out of the modified order in I.A.1/2021 dated 29.11.2021 in the
judgment in WP(C).No.22196/2021)
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Dated this the 14th day of June, 2022
JUDGMENT
ALEXANDER THOMAS, J.
The instant intra court appeal arises out of the modified order dated 29.11.2021 on I.A.No.1/2021 in the disposed W.P.(C) No.22196/2021 whereby the learned Single Judge has modified the directions initially issued in the judgment dated 26.10.2021 in W.P(C) No.22196/2021. The appellant herein is the eighth respondent in the W.P(C) and I.A. and the respondents 1 to 3 herein are the writ petitioners and respondents 4 to 6 herein are respondents 1 to 3, respondents 7 to 9 herein are respondents 5 to 7 and respondent No.10 herein is the 9 th respondent in the writ petition.
2. Heard Sri.G.Hariharan, learned counsel appearing for the appellant in the writ appeal, Sri.K.Mohanakannan, the learned WA NO. 460 OF 2022 ..5..
counsel appearing for respondents 1 to 3/writ petitioners, Sri.T.K.Vipindas, the learned Senior Government Pleader appearing for respondents 4 to 6 in the writ appeal, Smt.Latha Anand, the learned Standing Counsel for respondents 7 and 8. Since the writ petition was disposed of at the admission stage without notice to respondents 9 and 10 herein, notices to those parties shall stand dispensed with.
3. The prayers in the instant W.P(C) No.22196/2021 are as follows:-
'i)To issue a writ of certiorari or any other appropriate writ or order or direction calling for the records leading to Exhibit P1 to P3 and quash the same;
ii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 4th respondent to forward Ext.P5 to the 3rd Respondent and to direct the 3rd Respondent to take a decision on the same after hearing the petitioners within a time frame to be fixed by this Hon'ble Court and the realization of conservation charges fixed as per Exts.P1 to P3 o may be deferred until then;
iii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the respondents 5 to 9 to collect the milk from the Petitioners without insisting any conservation charges and pay the price of the milk as fixed by them directly to the Petitioners within a time frame to be fixed by this Hon'ble Court;' The learned Single Judge after hearing both sides had rendered the judgment on 26.10.2021 disposing of the above writ petition, not WA NO. 460 OF 2022 ..6..
on merits but only with the direction that the third respondent-the Deputy Director of Dairy Development shall consider the grievance of the petitioners in Ext.P5 representation dated 8.9.2021 and after affording an opportunity of hearing to the writ petitioners and respondents 5 and 6 in the writ petition, will take a decision thereon without much delay. Later the writ petitioners have filed I.A. as I.A.No.1/2021 in the above disposed writ petition praying that the decision on Ext.P5 may be directed to be taken by the second respondent- the Director of Dairy Development and not by the third respondent-the Deputy Director of Dairy Development. The learned Single Judge has issued modified order dated 29.11.2021 on the said I.A.No.1/2021 in the above disposed writ petition ordering that the word 'third respondent' appearing in paragraph 4 of the judgment dated 26.10.2021 in the writ petition will stand substituted and modified as 'second respondent'. In other words, as per the original judgment, the decision on Ext.P5 representation was directed to be taken by the third respondent- the Deputy Director of Dairy Development and whereas later at the motion of the writ petitioners, the learned Single Judge has WA NO. 460 OF 2022 ..7..
modified the said direction as per the subsequent order dated 29.11.2021 whereby it is ordered that the decision on the grievances in Ext.P5 representation shall be decided by the second respondent - the Director of Dairy Development. It appears that the third respondent-the Deputy Director of Dairy Development was served a copy of the original judgment dated 26.10.2021 in the writ petition and he was unaware of the modified order rendered on the I.A. in the writ petition on 29.11.2021. Similarly on this count, the third respondent- the Deputy Director of Dairy Development has later issued Annex.V proceedings No.E.1739/2021 dated 10.03.2022 whereby the Malabar Regional Co-operative Milk Producers Union Ltd. was restrained from imposing any restrictions on the appellant-Co-operative Society and other similarly placed societies from collecting milk from the dairy farmers in the respective areas of operation and also directing not to collect any conversion charges etc. It is later that the third respondent-the Deputy Director of Dairy Development came to know of the modified order passed by the learned Single Judge on 29.11.2021 whereby it was ordered that the decision on WA NO. 460 OF 2022 ..8..
Ext.P5 is to be rendered by the second respondent-Director of Dairy Development and not by the third respondent-the Deputy Director of Dairy Development. On coming to know about the said modified order, the third respondent- the Deputy Director has issued revised proceedings as per Annex.VII bearing No.E.1739/2021 dated 24.3.2022 ordering that Annex.V order dated 10.3.2022 will stand cancelled. Now, the appellant-Co- operative Society-Respondent No.8 in the W.P(C) filed the instant writ appeal seeking for a direction to set aside the modified order dated 29.11.2021 so that the original direction in the judgment that the third respondent- Deputy Director shall take decision on Ext.P5 will get restored and also consequently, ensure the validity of Annex.V order.
4. Today when the matter is taken up for consideration, Sri.K.Mohanakannan, learned counsel appearing for respondents 1 to 3 in the writ appeal/writ petitioners would submit on the basis of the instructions of the parties that his parties do not want to join on the issue on this limited aspect with the appellant- society and his parties would also support the said plea of the WA NO. 460 OF 2022 ..9..
appellant that this Court may direct that Annex.VII order may be set aside so as to effectuate the continued validity of Annex.V order. Sri.G.Hariharan, learned counsel appearing for the appellant would also welcome the above said submission of respondents 1 to 3 in the writ appeal/writ petitioners. Accordingly, it is ordered that the modified order dated 29.11.2021 rendered by the learned Single Judge on I.A.No.1/2021 in W.P(C)No.22196/2021 will stand set aside. In other words, the directions in the original judgment rendered in W.P(C) No.22196/2021 directing that the decision on Ext.P5 should be taken by the third respondent- Deputy Director will stand restored. Consequently, it is ordered that Annex.VII proceedings dated 24.3.2022 will stand set aside so as to effectuate the restoration of Annex. V order dtd. 10.3.2022. We are now told by both sides and the learned Senior Government Pleader that pursuant to the modified direction issued by the learned Single Judge on 29.11.2021, the second respondent- the Director of Dairy Development has issued notice to conduct hearing in the matter on 20.6.2022 to take decision on Ext.P5 representation. Now that this WA NO. 460 OF 2022 ..10..
Court has passed the above directions, the second respondent- Director shall not take any decision on Ext.P5 representation as the modified order in the writ petition has been set aside and as Annex.VII order also has been set aside, Annex.V order has been restored, in tune with the directions in the original judgment. However, it is made clear that if any person has any legally justiciable grievances in relation to the decision in Annex.V proceedings dated 10.3.2022, such person will be at liberty to work out his/her remedies in accordance with law. The Secretary to the Office of the Advocate General will immediately forward copies of this judgment to both the second respondent-the Director and the third respondent-the Deputy Director for immediate information. Counsel for the appellant and the counsel for the writ petitioners will also be at liberty to forward copies of the judgment to both the second respondent-Director and the third respondent
-Deputy Director for necessary information to avoid any unnecessary confusion in this regard.
WA NO. 460 OF 2022 ..11..
With these observations and directions, the above writ appeal will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE sd/-
SHOBA ANNAMMA EAPEN, JUDGE MBS/-
WA NO. 460 OF 2022 ..12..
APPENDIX OF WA 460/2022 PETITIONER ANNEXURES Annexure I TRUE COPY OF THE RANK LIST OF VARIOUS MILK SOCIETIES IN PALAKKAD DISTRICT FOR THE MONTH OF NOVEMBER, 2021 UNDER THE CONTROL OF THE 7TH RESPONDENT.
Annexure II TRUE COPY OF THE JUDGMENT DATED 26.10.2021 MADE IN WP(C) NO.22196/2022.
Annexure III TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.(P) NO.15/2021/DD DATED 15.4.2021, ISSUED BY THE GOVERNMENT.
Annexure IV TRUE COPY OF THE JUDGMENT MADE IN WP(C) NO.20777/2021 DATED 23.12.2021. 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 VI TRUE COPY OF THE JUDGMENT MADE IN WP(C) NO.123/2022 DATED 21.3.2022.
Annexure VII TRUE COPY OF THE ORDER DATED 24.3.2022 ISSUED BY THE 6TH RESPONDENT.
Annexure VIII TRUE COPY OF THE PAPER REPORT PUBLISHED IN MATHRUBHUMI DAILY PALAKKAD EDITION DATED 26.3.2022.