IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 16618 OF 2022
PETITIONERS:
1 SIVA KUMAR J
AGED 42 YEARS
S/O. JAGANATHAN, THARAGANCHALLA
KALAMVANNAMADAKOZHIPATHY, CHITTUR TALUK,
PALAKAD DISTRICT.
2 THYAHUKUMAR
AGED 38 YEARS
S/O RAJAGOPAL, ELLAKKADMOOLATHARA VILLAGE,
CHITTUR TALUK, PALAKKAD DISTRICT.
3 KRISHNAKUMAR V,
AGED 39 YEARS
S/O VENKATACHALAM MALAYANDIKOUNDANOOR, KOZHIPATHYTALUK
CHITTUR TALUK, PALAKKAD DISTRICT.
BY ADV K.MOHANAKANNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, DAIRY
DEVELOPMENT DEPARTMENT THIRUVANANTHAPURAM-695 0011.
2 THE DIRECTOR OF DAIRY DEVELOPMENT,
PATTOM, THIRUVANANTHAPURAM- 695004.
3 THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT
CIVIL STATION, PALAKKAD-678 001.
4 THE DAIRY EXTENSION OFFICER,
DIARY DEVELOPMENT OFFICE, CHITTUR,
PALAKKAD DISTRICT-678 541
5 MALABAR REGIONAL COOPERATIVE
MILK PRODUCERS UNION LTD (MILMA),
HEAD OFFICE PERINGALAMKUNNAMANGALAM,
KOZHIKODE -673 570
REPRESENTED BY ITS MANAGING DIRECTOR.
WP(C) NO. 16618 OF 2022
2
6 THE DAIRY MANAGER,
MILMA, PALAKKAD DAIRY, PALAKKAD,
PALAKKAD DISTRICT-678 005
7 KUNAMKATTUPATHY KSHEERA ULPADHAKA
SAHAKARANASANGAM
REPERESENTED BY ITS SECRETARY, VANNAMADA (PO),
PALAKKAD DISTRICT -678 555.
8 MOOLATHARA KSHEERA ULPADHAKA
SAHAKARANA SANGAM,
REPRESENTED BY ITS SECRETARY, MEENAKSHIPURAM
(PO), PALAKKAD -678 533.
9 KUMARNOOR KSHEERA ULPADHAKA SAHAKARANA SANGAM.
REPRESENTED BY ITS SECRETARY VANNAMADA(PO)
PALAKKAD DISTRICT -678 555.
BY ADVS.
SMT.DEEPA NARAYANAN, SR.GP,
SMT.LATHA ANAND, SC, R5 & R6
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 16618 OF 2022
3
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).No. 16618 of 2022
----------------------------------------------
Dated this the 27th day of May, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) To issue a writ of certiorari or any other appropriate writ or order or direction calling for the records leading to Exhibit P10 and quash the same;
(ii) To issue a writ of mandamus or any other appropriate writ or order or direction restoring Ext.P9 and direct the implementation of the same by Respondents 4 to 6;
(iii) To grant such other relief as this Hon'bel Court deem fit to grant in the interest of justice."[SIC]
2. Ext.P9 is an order passed by the 3 rd respondent. This order was passed in the light of the directions in the judgment dated 26.10.2021 in W.P.(C) No.22196/2021 which is produced as Ext.P6. There was a correction in Ext.P6 judgment and this Court corrected the judgment and the same is produced as Ext.P8. As per the corrected judgment, the 2 nd respondent has to pass appropriate orders. When the 3rd respondent came WP(C) NO. 16618 OF 2022 4 to know about this correction, he cancelled Ext.P9 order as per Ext.P10 order. In such circumstances, 2 nd respondent is bound to pass appropriate orders as directed by this Court in Ext.P8 judgment. If there is any violation of the same, the petitioner is free to file contempt proceedings against the 2nd respondent .
With the above observation, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 16618 OF 2022 5 APPENDIX OF WP(C) 16618/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT DATED 12-7-2018. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT DATED 29-5-2021. EXHIBIT P3 TRUE COPY OF THE NOTICE PUBLISHED BY THE 7TH RESPONDENT ON 9-9-2021 IN TAMIL LANGUAGE WITH MALAYALAM TRANSLATION.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS AND OTHERS BEFORE THE HON'BLE MINISTER DATED 19-6-2021.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 8-9-2021 BEFORE THE 4TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WRIT PETITION 22196/2021 DATED 26-10-2021. EXHIBIT P7 TRUE COPY OF THE IA 1/2021 IN WRIT PETITION NO.22196/2021. EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.22196/2021 DATED 26-10- 2021.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 10-3-
2022 PASSED BY THE 3RD RESPONDENT. EXHIBIT P10 TRUE COPY OF THE ORDER DATED 24.03.
2022 BY THE 3RD RESPONDENT.
RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE