Kerala High Court
Maranalloor Milk Producers ... vs Principal on 24 March, 2021
W.P(c).No.7681/2021-I 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
WP(C).No.7681 OF 2021(I)
PETITIONER:
MARANALLOOR MILK PRODUCERS CO-OPERATIVE SOCIETY
LTD, NO.T 3994(D), APCOS, REPRESENTED BY ITS
SECRETARY, MARANALLOOR, KOOVALASSERY P.O.
THIRUVANANTHAPURAM 695 512.
BY ADVS.
SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SRI.K.C.HARISH
RESPONDENTS:
1 PRINCIPAL
GOVERNMENT MEDICAL COLLEGE, MEDICAL COLLEGE P.O.
THIRUVANANTHAPURAM 695 011.
2 ASSISTANT ENGINEER,
K.S.E.B ULLOOR SECTION, ULLOOR P.O.
THIRUVANANTHAPURAM 695 011.
SMT.PRINCY XAVIER, GOVERNMENT PLEADER,
SRI.SUDHEER GANESH KUMAR, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(c).No.7681/2021-I 2
P.V.ASHA, J.
-----------------------------------------------------
W.P(c) No.7681 of 2021-I
----------------------------------------------------
Dated this the 24th day of March, 2021
JUDGMENT
The petitioner Co-operative Society is aggrieved by Ext.P3 notice issued on
15.03.2021 directing it to vacate the premises where it is conducting a dairy stall,
within a period of one week. According to the petitioner, there are sufficient space
where the dairy stall can be accommodated. It appears that the dairy stall of the
petitioner deals with milk, milk products, tea, coffee etc. catering to the needs of
the patients of the Medical College Hospital, Thiruvananthapuram. It is stated that
the stall is being run from 1996 onwards. Though the petitioner has pointed out
that Ext.P2 was for a period upto 31.03.2019, it appears that the stall continued till
the lock down and was reopened on 28.02.2021.
2. As the petitioner points out that the petitioner can be accommodated
within the premises itself, there shall be a direction to the 1st respondent to convene
a meeting and to have a discussion with the petitioner as well as the 2 nd respondent
on the claim of the petitioner raised in this Writ Petition. It is also relevant to point
out that the learned counsel for the petitioner submits that the petitioner would
submit an undertaking to shift the dairy stall as and when the construction starts.
3. Such a meeting shall be convened within one week and appropriate
action shall be taken taking note of the articles being dealt with by the petitioner in
the stall from 1996 onwards. Till a decision is taken in such a meeting, Ext.P3
shall not be enforced.
The Writ Petition is disposed of accordingly.
Sd/- (P.V.ASHA, JUDGE)
rtr/
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 8.3.2018 BY
1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF
UNDERSTANDING DATED 26.3.2018 EXECUTED BY
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 15.3.2021 BY
1ST RESPONDENT.
