Kerala High Court
K Rajasekharan vs The Government Of Kerala on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
WP(C) NO. 21135 OF 2021
PETITIONERS:
1 K RAJASEKHARAN,AGED 69 YEARS
S/O. P.VASUDEVAN PILLAI, ESWARI NILAYAM, PUNNAKULAM,
KULASEKHARAPURAM, KOLLAM DISTRICT, PIN CODE 690 544
2 T K PRATHAPACHANDRAN,AGED 63 YEARS
S/O. KARUNAKARAN, THAZHATHMURIYIL, KR PURAM, CHERTHALA
P.O, CHERTHALA, ALAPPUZHA DISTRICT, PIN CODE 688 541
3 K.R PURAM KSHEEROLPADAKA SAHAKARANA SANGHAM NO. A
202(D) APCOS,KR PURAM, CHERTHALA P.O, CHERTHALA,
ALAPPUZHA DISTRICT, PIN CODE 688 541,REPRESENTED BY ITS
SECRETARY.
BY ADVS.D.SOMASUNDARAM
ARUN CHANDRAN
HARIMOHAN
RESPONDENTS:
1 THE GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT STATUE,
THIRUVANANTHAPURAM DISTRICT, PIN CODE 695 001
REPRESENTED BY ITS CHIEF SECRETARY
2 THE SECRETARY TO GOVERNMENT,AGRICULTURE(DAIRY DEVELOPMENT)
DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM DISTRICT, PIN CODE 695 001
3 THE THIRUVANANTHAPURAM REGIONAL COOPERATIVE MILK PRODUCERS
UNION LTD (MILMA),KSHEERA BHAVAN,PATTOM,THIRUVANANTHAPURAM,
PIN CODE 695 004,REPRESENTED BY ITS MANAGING DIRECTOR.
4 THE ADMINISTRATIVE COMMITTEE,THE THIRUVANANTHAPURAM REGIONAL
COOPERATIVE MILK PRODUCERS UNION LTD (MILMA) KSHEERA BHAVAN,
PATTOM, THIRUVANANTHAPURAM, PIN CODE 695 004,REPRESENTED BY
ITS CHAIRMAN/CONVENER.
ADV SMT. LATHA ANAND
SR GP. SRI. BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, ALONG WITH WP(C).19511/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
WP(C) NO. 19511 OF 2021
PETITIONERS:
1 KALLADA REMESH,AGED 60 YEARS,RESIDING AT
NIRAPPURAVAILAYIL, CHITTUMALA, EAST KALLADA,KOLLAM
2 EAST KALLADA KSHEEROLPADAKA SAHAKARANA SANGHAM
LTD.NO.Q.23(D) (APCOS),REP.BY ITS SECRETARY,
CHITTUMALA, EAST KALLADA P.O.,KOLLAM
BY ADVS.P.N.MOHANAN
C.P.SABARI
AMRUTHA SURESH
RESPONDENTS:
1 STATE OF KERALA,REP.BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 CO-OPERATIVE DEPARTMENT OF GOVERNMENT REP.BY SECRETARY
TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001
3 ANIMAL HUSBANDRY (DAIRY) DEVELOPMENT DEPARTMENT
SECRETARIAT GOVERNMENT, REP.BY SECRETARY,
THIRUVANANTHAPURAM 695 001
4 THE DIRECTOR,OFFICE OF THE DIRECTOR OF DAIRY
DEVELOPMENT DEPARTMENT, PATTAM,
THIRUVANANTHAPURAM 695 004
5 THE CONVENER,ADMINISTRATIVE COMMITTEE OF
THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK
PRODUCERS UNION LTD NO. T 177 D APCOS, KSHEERABHAVAN,
PATTOM, THIRUVANANTHAPURAM 695 004
6 THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK
PRODUCERS UNION LTD NO. T 177 D APCOS,
REP. BY MANAGING DIRECTOR, KSHEERABHAVAN, PATTOM,
THIRUVANANTHAPURAM 695 004
3
BY ADVS.
WP(C) NO. 19511 OF 2021
RENJITH THAMPAN (SR.)
LATHA ANAND
V.M.KRISHNAKUMAR
SPL. GP SRI. P.P THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.11.2021, ALONG WITH WP(C).21135/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
4
W.P(C) Nos.19511 of 2021 & 21135 of 2021
JUDGMENT
The ordinance under challenge in the writ petitions
having been placed before the Legislative Assembly and
having received assent pending the writ petition, the
petitioners, without prejudice to their rights, confine
their relief in the writ petition for a direction for
the conduct of election to the union without further
delay.
2. Heard the learned counsel for the petitioners and
perused the pleadings on record.
3. The Director Board of the Thiruvananthapuram
Regional Co-operative Milk Producers Union, with which
we are concerned, consists of 14 members. They are to
be elected from 4 districts namely, Thiruvananthapuram,
Kollam, Pathanamthitta and Alappuzha. This is to be in
accordance with the membership of the Dairy Societies in
each district. The allotment of seats for each
districts is to be decided by the general body of the
Union. The bye-laws of the society needs to be made
in tune with the statutory amendments for which a
W.P(C) Nos.19511 of 2021 & 21135 of 2021
general body is to be held. The date and manner of
election to the board is to be fixed by the general
body. Therefore, convening of a general body of the
Union is the first step in the process. The term of the
elected committee expired on 21.02.2021. Therefore,
necessarily the proceedings need to be expedited.
4. Accordingly it is ordered that, the 5 th
respondent, who is the convener of the administrative
committee shall take steps to have the general body
convened within a period of one month from the date of
receipt of a copy of this judgment. The general body
shall deal with the matters mentioned supra. The
election shall be held within a further period of three
months from the date of holding the general body.
Needless to say that, the administrative committee in
office shall not take any policy decisions.
Writ petitions disposed of as above.
Sd/-
SATHISH NINAN
JUDGE
vdv
APPENDIX OF WP(C) 21135/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDINANCE BEARING NUMBER
117 OF 2021
APPENDIX OF WP(C) 19511/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDINANCE NO.32/2021
PUBLISHED IN THE GAZETTE DATED 12.2.2021
Exhibit P2 A TRUE COPY OF THE ORDINANCE NO.47/2021
PUBLISHED IN THE GAZETTE DATED 24.2.2021
Exhibit P3 A TRUE COPY OF THE ORDINANCE NO.93/2021 DATED
3.7.2021
Exhibit P4 A TRUE COPY OF THE NOTICE DATED 8.7.2021
ISSUED BY THE SECRETARY, KERALA LEGISLATURE
ALONG WITH CALENDAR OF VARIOUS PROGRAMMES
SCHEDULED IN THE ASSEMBLY
Exhibit P5 A TRUE COPY OF THE ORDINANCE NO.117/2021 DATED
24.8.2021 PUBLISHED IN THE GAZETTE DATED
25.8.2021
Exhibit P6 A TRUE COPY OF THE RULE 15 OF THE KCS RULES
WITH UPTO DATE AMENDMENT
Exhibit P7 A TRUE COPY OF THE ORDER DATED 16.2.2021 OF
THE FOURTH RESPONDENT
Exhibit P8 A TRUE COPY OF THE ORDER DATED 31.5.2021 OF
THE DIRECTOR OF DIARY DEVELOPMENT
Exhibit P9 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED IN
W.P.(C) NO.6032/2021
Exhibit P10 A TRUE COPY OF THE INTERIM ORDER DATED
29.3.2021 IN WPC -6032/2021
Exhibit P11 A TRUE COPY OF THE COMMUNICATION DATED
7.9.2021 ISSUED BY THE FIFTH RESPONDENT
Exhibit P12 A TRUE COPY OF THE ORDERS DATED 5.8.2021 IN
WPC.15721/2021
Exhibit P13 A TRUE COPY OF THE ORDERS DATED 11.8.2021 IN
WPC-15721/2021
