Elambulassery Dairy Development ... vs Thr Director
2021 Latest Caselaw 47 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                      WP(C).No.20315 OF 2020(L)


PETITIONER:

               ELAMBULASSERY DAIRY DEVELOPMENT CO-OPERATIVE SOCIETY
               LTD
               NO.P-163(D) APCOS, REP. BY ITS PRESIDENT, JOHNSON K.,
               KARIKKODE, ELAMBULASSERY P.O., PALAKKAD DISTRICT- 678
               595

               BY ADVS.
               SRI.T.C.SURESH MENON
               SRI.P.S.APPU

RESPONDENTS:

      1        THR DIRECTOR
               OFFICE OF THE DIRECTORATE, DAIRY DEVELOPMENT
               DEPARTMENT, PATTOM P.O., THIRUVANANTHAPURAM.695 004.

      2        THE DEPUTY DIRECTOR
               DAIRY DEVELOPMENT, OFFICE OF THE DEPUTY DIRECTOR,
               CIVIL STATION, PALAKKAD.678 001.


OTHER PRESENT:

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20315 OF 2020(L)

                                     2




                             JUDGMENT

Dated this the 4th day of January 2021

The petitioner is a Diary Development Co-operative

Society having its area of operation fixed as ward Nos.1,

2 and 3 of Karimpuzha Panchayat. Due to the

delimitation process in 2005, the areas of operation of the

society was re-fixed as ward Nos.7, 8, 9, 10 and 11 of the

Pachayath. The grievance of the petitioner is that a

proposal has now been mooted to form yet another diary

society with its areas of operation overlapping into the

area of the petitioner-society in ward numbers 9 and 10

of the above Panchayath.

2. Heard the learned Counsel for the petitioner

and the learned Government Pleader.

3. On last occasion, it was submitted that two

separate applications were received and they were

forwarded to the Diary Extension Officer for assessing the

feasibility. Only after obtaining the feasibility report new

society would be granted permission. It was submitted WP(C).No.20315 OF 2020(L)

that the stage has not reached at that time.

4. It seems that the same situation as submitted

in last occasion continues. If there is any chance of the

areas of operation of the applicant Societies overlapping

into the area of operation of the petitioner-society,

necessarily the petitioner-society is entitled to be heard,

since it may affect their interest.

5. Having considered this, I am inclined to dispose

of the writ petition itself with a direction that in the event

of reports submitted to the authorities disclose the

possibility of overlapping of the areas of operation, further

decision on the basis of it shall be taken only after giving

a reasonable opportunity to the petitioner herein to be

heard.

The writ petition is disposed of accordingly.

Sd/-

SUNIL THOMAS

JUDGE

SKP/4-1 WP(C).No.20315 OF 2020(L)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF THE KARIMPUZHA GRAMA PANCHAYATH, DATED 24.6.2009.

EXHIBIT P2 TRUE COPY OF THE OBJECTIONS RAISED BY THE PETITIONER BEFORE THE DIARY EXTENSION OFFICER DATED 8.9.2008.

EXHIBIT P3 TRUE COPY OF THE OBJECTIONS RAISED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10.6.2009.

EXHIBIT P4 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.9.2020.

EXHIBIT P5 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.9.2020.

RESPONDENTS'S EXHIBITS:NIL

TRUE COPY P.A. TO JUDGE