Kerala High Court
Joby Varghese vs Edakkattuvayal Ksheerolpadaka ... on 12 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 18484 OF 2020
PETITIONER/S:
JOBY VARGHESE
AGED 40 YEARS
S/O. VARGHESE, PADATHUMYALIL HOUSE, EDAKKATTUVAYAL P. O.,
PIN - 682 313.
BY ADVS.
P.N.MOHANAN
SRI.C.P.SABARI
SMT.AMRUTHA SURESH
RESPONDENTS:
1 EDAKKATTUVAYAL KSHEEROLPADAKA CO-OPERATIVE SOCIETY
LTD.NO.E.154(D) APCOS
REP. BY ITS SECRETARY, EDAKKATTUVAYAL P. O., PIN - 682 313,
ERNAKULAM DISTRICT.
2 MANAGING COMMITTEE OF EDAKKATTUVAYAL KSHEEROLPADAKA CO-
OPERATIVE SOCIETY LTD.NO.E.154(D) APCOS
REP. BY ITS PRESIDENT, EDAKKATTUVAYAL P. O., PIN - 682 313,
ERNAKULAM DISTRICT.
3 DEPUTY DIRECTOR,DAIRY DEVELOPMENT DEPARTMENT, CIVIL
STATION, KAKKANAD, ERNAKULAM, PIN - 682 030.
ADV SRI.M.SASINDRAN-R1,2
SR.G.P- SRI.JUSTIN-R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) 18484/2020 2
JUDGMENT
The petitioner's application for membership in the 1 st respondent
Ksheerolpadaka (milk producers) Co-operative Society was rejected by
the 2nd respondent Managing Committee by resolution dated
16.05.2020. The decision regarding rejection of application for
membership was communicated to the petitioner by Ext.P3 letter of the
Secretary of the Society. Against Ext.P3, the petitioner filed a petition
before the 3rd respondent, the Deputy Director, Dairy Development
Department who issued Ext. P4 order stating that the reasons stated in
Ext. P3 for rejection of membership are not sustainable and directed
respondents 1 and 2 to review the decision of the second respondent to
reject the application for membership of the petitioner and to take steps
to admit the petitioner as a member of the Society. However,
respondents 1 and 2 did not admit the petitioner to the membership of
the Society. Accordingly, the petitioner has filed this writ petition to
quash Ext.P3 order and for direction to respondents 1 and 2 to issue
membership to the petitioner in the Society.
2. A counter affidavit is filed by the first respondent Society
wherein it is contended that the managing committee of the Society is
the authority to admit a person as the member of the Society and the
decision of the managing committee is right. It is contended that a writ
petition is not maintainable against a Co-operative Society and that in
view of section 83 (1)(c) of the Kerala Co-operative Societies Act, 1969
(for short, 'the KCS Act'), the petitioner has an effective alternative
remedy of appeal against Ext.P3.
3. Heard the learned Counsel for the petitioner, the learned
counsel for respondents 1 and 2 and the learned Government pleader for
the 3rd respondent.
4. The case of the petitioner is that his application for membership
in the Society has been rejected in violation of the provisions of the
KCS Act and Rules and the statutory order issued by the 3 rd respondent
is not complied with by respondents 1 and 2. The Membership to Co-
operative Societies is regulated by statutory provisions. Statutory
violations can be complained by filing appeals or under the general
power to rescind the decision or in a proceedings under Article 226 of
the Constitution of India. Referring to the Larger Bench decision in
Association of Milma Officers Ksheera Bhavan,
Thiruvananthapuram and another v. State of Kerala and others
[2015 (1) KHC 779], a Division Bench of this Court in President,
Peechi Service Co-operative Bank, Thrissur and Another v.Tessy
Varghese and others [2015 (4) KLT 919] has held that statutory
violations can be complained in a proceedings under Article 226 of the
Constitution of India.
Ext.P4 is an order passed by the Deputy Director, Dairy
Development Department who is exercising the powers of Joint
Registrar of Co-operative Societies. By the said order, the 3 rd respondent
has directed respondents 1 and 2 to review the decision of the second
respondent to reject the application for membership of the petitioner and
to take steps to admit the petitioner as a member of the Society. In view
of the above, I do not find any reason to consider the prayer of the
petitioner to quash Ext.P3 order of the Managing Committee. It is for
the respondents 1 and 2 to challenge Ext. P4 order of the Deputy
Director, Dairy Development Department appropriately. Without
prejudice to the right of respondents 1 and 2 to challenge Ext.P4
invoking such remedies as may be available in law and subject to orders
if any, in such proceedings, this writ petition is disposed of with
direction to respondents 1 and 2 to implement Ext.P4 order of the 3 rd
respondent within a period of two months from the date of receipt of a
certified copy of the judgment. No order as to costs.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
APPENDIX OF WP(C) 18484/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PRINT OUT FOR MEASURING
THE MILK ON 06.09.2020.
EXHIBIT P2 TRUE COPY OF THE PASS BOOK ISSUED FOR
PAYMENT OF THE QUANTITY OF THE MILK
MEASURED.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.05.2020
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 30.07.2020 OF
THE DEPUTY DIRECTOR.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
24.08.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R1(a) A TRUE COPY OF THE RELEVANT PORTION OF THE
BYE LAW OF THE IST RESPONDENT.
EXHIBIT R1(b) A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
DISTANCE OF CATTLE FEED SHOP OF THE
PETITIONER FROM THE IST RESPONDENT.
spc/
