Manjula T.K vs State Of Kerala
2021 Latest Caselaw 16656 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                        WP(C) NO. 15071 OF 2021
PETITIONER/S:

          MANJULA T.K., AGED 36 YEARS
          WIFE OF SURESHKUMAR, SECRETARY, SANTHALINGANAGAR
          KSHEEROLPADAKA SAHAKARANA SANGHOM LTD., NO.P156(D),
          APCOS, SANTHALINGANAGAR, OZHALAPPATHY P.O., PALAKKAD
          678 557
          RESIDENCE AT: 9/326, OZHALAPPATHY KALAM, OZHALAPPATHY
          POST, CHITTUR, PALAKKAD 678 557

          BY ADVS.
          MATHEW B. KURIAN
          K.T.THOMAS



RESPONDENT/S:

    1     STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF DAIRY DEVELOPMENT, SECRETARIAT,
          THIRUVANANTHAPURAM 695 001

    2     THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT,
          CIVIL STATION, PALAKKAD 678 501

    3     SANTHALINGANAGAR KSHEEROLPADAKA SAHAKARANA SANGHOM LTD.
          NO.P 156 (D), APCOS, SANTHALINAGANAGAR, OZHALAPPATHY
          P.O., PALAKKAD 678 557, REP. BY ITS AUTHORIZED OFFICER

    4     THE MANAGING COMMITTEE, SANTHALINGANAGAR KSHEEROLPADAKA
          SAHAKARANA SANGHOM LTD., NO.P 156 (D), APCOS,
          SANTHALINAGANAGAR, OZHALAPPATHY P.O., PALAKKAD 678 557,
          REP. BY ITS PRESIDENT

          BY ADV RAJESH VIJAYENDRAN

          SR GP SUNIL V K


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15071 OF 2021             2



                          JUDGMENT

The petitioner has approached this court aggrieved

by Ext.P4 order issued by the second respondent

invoking Section 66 A of the KCS Act, directing the

managing committee to comply with the certain

directions, inter alia, to suspend the petitioner herein

with immediate effect purported to be on an alleged

violation of bye-laws and circulars leading to financial

loss. By an interim order, this court, after referring to

the Division Bench decision in [Suresh Vs. Joint

Registrar (General) 2018 (3) KLT 320], directed the

third respondent to apply his mind independently and

take a decision untrammelled by the directions contained

in Ext.P4. The fourth respondent has now produced the

suspension order dated 27.07.2021, passed evidently,

one day prior to the order of this court. It seems that

the direction of this court, seems to have been not taken

note of by the fourth respondent since it was subsequent.

Having considered this, I am inclined to dispose of the

Writ Petition itself, directing the fourth respondent to

take up Ext.P7 representation submitted by the

petitioner, wherein she is stated to have set up her

defences and to pass appropriate orders on it, as

expeditiously as possible, at any rate, within a period of

15 days from the date of receipt of a copy of this

judgment.

Writ petition is disposed of accordingly.

Sd/-

SUNIL THOMAS, JUDGE R.AV

APPENDIX OF WP(C) 15071/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACT OF AUDIT CERTIFICATE AND AUDIT MEMORANDUM FOR THE YEAR 2018-19 OF THE SOCIETY

Exhibit P2 TRUE COPY OF THE RECEIPTS AND DISBURSEMENTS FOR THE MONTH ENDING MARCH, 2020 OF THE SOCIETY

Exhibit P3 TRUE COPY OF THE RECEIPTS AND DISBURSEMENTS FOR THE MONTH ENDING MARCH, 2021 OF THE SOCIETY.

Exhibit P4 TRUE COPY OF THE ORDER DATED 19.7.2021 ISSUED BY 2ND RESPONDENT

Exhibit P5 TRUE COPY OF THE STATEMENT REGARDING SUPPLY MADE BY SANTHAMANI MILLS FOR 2019-20

Exhibit P6 TRUE COPY OF THE STATEMENT REGARDING SUPPLY MADE BY SANTHAMANI MILLS FOR 2020-21