Kerala High Court
The Rassalpuram Ksheerolpadaka ... vs T.Gopakumaran Nair on 11 April, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946
WA NO. 536 OF 2024
AGAINST JUDGMENT DATED 13/03/2024 IN WP(C) 7656/2024 OF THIS COURT
APPELLANT(S)/RESPONDENTS 1& 2:
1. THE RASSALPURAM KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.T 136, (D)
APCOS REPRESENTED BY ITS SECRETARY, RASSALPURAM P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695501
2. THE ADMINISTRATIVE COMMITTEE, RASSALPURAM KSHEEROLPADAKA SAHAKARANA
SANGAM LTD. NO.T 136, (D) APCOS, REPRESENTED BY ITS CONVENER,
RASSALPURAM P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695501
BY ADVS.M/S.R.T.PRADEEP, ABIN P.SHAIJU, NIRANJAN T.PRADEEP, SANDRA
S.KUMAR & SURAJ S.KUMAR.
RESPONDENT(S)/PETITIONER & RESPONDENTS 3,4 & 5 IN W.P.(C):
1. T.GOPAKUMARAN NAIR,AGED 64 YEARS, S/O.THANKAPPAN NAIR, MADHAVA
MANDIRAM, ERUTHEAVUR, RASSALPURAM P.O, VIA BALARAMAPURAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695501
2. DAIRY EXTENSION OFFICER, NEMAM BLOCK, MALAYANKIL PO,
THIRUVANANTHAPURAM DISTRICT, PIN - 695571
3. THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT OFFICE, PATTOM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695004
4. THE STATE CO-OPERATIVE ELECTION COMMISSION REPRESENTED BY ITS
SECRETARY, 3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695033
BY GOVERNMENT PLEADER FOR R2 TO R4
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 Judgment dated 13-03-2024 in W.P(C) No.7656/2024
by the learned Single Judge of this Hon'ble Court, pending disposal of the
Writ Appeal.
This Writ Appeal coming on for orders on 11/04/2024 upon perusing
the appeal memorandum, the court on the same day passed the following:
EXT.P10: A TRUE COPY OF ORDER NO.DDTVM/94/2024-DFI D DATED
23-02-2024 ISSUED BY THE 4TH RESPONDENT.
AMIT RAWAL & EASWARAN S., JJ.
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W.A. No. 536 of 2024
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Dated this the 11th day of April, 2024
ORDER
AMIT RAWAL, J.
1. Inter alia alleges that the writ petitioner was none else but respondent No.1 who had assailed the order Ext.P10 whereby appellants were appointed as members of the Administrative Committee after the appointment of the Administrator. Challenge was on a flimsy ground and one of the grounds was to include the erstwhile members in the Administrative Committee. By virtue of the impugned judgment writ petition has been allowed with a direction to include the previous members of the committee, i.e., respondents No.1, who had no locus to the member of the Administrative Committee. The election scheduled to be held on 08.04.2024 owing to the code of conduct have been adjourned.
2. Issue notice before admission. Counsel for the W.A. No. 536 of 2024 -2- first respondent petitioner represents. Service is complete.
3. At this stage learned counsel for the petitioner informs that the judgment has been implemented, in fact a subsequent order has already been issued by the Deputy Director changing the Administrative Committee.
4. The impugned judgment and any subsequent action initiated on the basis of judgment stand stayed.
Post on 30.05.2024.
Sd/-
AMIT RAWAL JUDGE Sd/-
EASWARAN S. JUDGE vv 11-04-2024 /True Copy/ Assistant Registrar