The Moolathara Ksheerolpadaka ... vs Sivakumar.J
2022 Latest Caselaw 6490 Ker

WA No.460/2022                              1/5

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                       THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                            &
                     THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
                 Wednesday, the 8th day of June 2022 / 18th Jyaishta, 1944
                                     WA NO. 460 OF 2022

  AGAINST THE ORDER DATED 29.11.2O21 IN I.A.1/2021       IN WP(C) 22196/2021 OF THIS
                                      COURT

                                           ---

   APPELLANT/8TH RESPONDENT IN THE WRIT PETITION:

          THE MOOLATHARA KSHEEROLPADAKA CO-OPERATIVE SOCIETY LIMITED,
          MEENAKSHIPURAM P.O., PALAKKAD-678533, (REPRESENTED BY ITS SECRETARY,
          AJITHKUMAR C., AGED 45 YEARS, S/O. GOPINATHAN, RESIDING AT
          CHILAMBATH HOUSE, VALMUTTY LANE, CHITTUR P.O., PALAKKAD-678101).

    BY ADVS.M/S. G.HARIHARAN,PRAVEEN HARIHARAN,SMITHA PRAVEEN,

    V.R.SANJEEV KUMAR & ANJALY T.A

   RESPONDENTS/PETITIONERS 1 TO 3, RESPONDENTS 1 TO 7 & 9 IN THE WRIT PETITION:

      1. SIVAKUMAR J., AGED 42 YEARS,S/O JAGANATHAN, THARAKANCHALLA KALAM
         VANNAMADA, KOZHIPATHY, CHITTUR TALUK, PALAKKAD DISTRICT-676855.
      2. THYAHU KUMAR, S/O RAJAGOPAL, ELLAKKAD, MOOLATHARA VILLAGE, CHITTUR
         TALUK, PALAKKAD DISTRICT-678533.
      3. KRISHNAKUMAR V., AGED 39 YEARS , S/O VENKITACHALAM, MALAYANDI
         KOUNDANOOR, KOZHIPATHY CHITTUR TALUK , PALAKKAD DISTRICT-676855.
      4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DAIRY
         DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
      5. THE DIRECTOR OF DAIRY DEVELOPMENT DEPARTMENT, PATTOM,
         THIRUVANANTHAPURAM-695004.
      6. THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, CIVIL STATION,
         PALAKKAD-678001.
      7. M/S.MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION
         LTD., (MILMA), HEAD OFFICE, PERINGALAM, KUNNAMANGALAM, KOZHIKODE
         DISTRICT-673570, REPRESENTED BY ITS MANAGING DIRECTOR.
      8. THE DAIRY MANAGER, (MILMA), PALAKKAD DAIRY, KALLEPULLY, PALAKKAD
         DISTRICT-678005.
      9. KUNNAMKATTUPATHI KSHEEROLPADAKA SAHAKARANA SAANGAM LTD., REPRESENTED
         BY ITS SECRETARY, VANNAMADA P.O., PALAKKAD DISTRICT-676855.
     10. KUMARANOOR KSHEEROLPADAKA SAHAKARANA SAANGAM LTD., REPRESENTED BY
         ITS SECRETARY, VANNAMADA P.O., PALAKKAD DISTRICT-676855.

    BY SENIOR GOVERNMENT PLEADER SRI.T.K.VIPIN DAS FOR R5
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        Prayer for interim relief in the Writ Appeal stating that in the
   circumstances stated in the appeal memorandum, the High Court be pleased
   to stay the operation of Annexure-VII order dated 24.03.2022 issued by the
   6th respondent, pending disposal of the above writ appeal.

        This Writ Appeal coming on for orders on 08/06/2022 upon perusing
   the appeal memorandum, the court on the same day passed the following:

                                                                       P.T.O.
 WA No.460/2022                                 3/5




         ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
                       ---------------------------------------------------------
                                     WA No. 460 of 2022
            [arising out of the impugned modified order dated 29.11.2021 in IA No.1/2021
                                      in WP(C) No.22196/2021]
                       ---------------------------------------------------------
                                Dated this the 8th day of June, 2022


                                             ORDER

Sri.T.K.Vipin Das, learned Senior Government Pleader, seeks time

to get specific instructions from the 5th respondent - the Director of Dairy

Development Department as to whether the said officer has gpassed

orders on Ext.P5 representation dated 08.09.2021 in compliance with the

modified order dated 29.11.2021 rendered by the learned Single Judge on

IA No.1/2021 in the disposed WP(C) No.22196/2021, after the issuance

of Annex.VII proceedings dated 24.03.2022 by the 6 th respondent - the

Deputy Director of Dairy Development, whereby the earlier order passed

by the 6th respondent - the Deputy Director of Dairy Development, as per

Annex.V proceedings dated 10.03.2022, has been withdrawn.

2. If no orders have so far been passed or no decision has been

taken by the 5th respondent - the Director of Dairy Development

Department on Ext.P5 representation, then, Sri.G.Hariharan, learned

counsel appearing for the appellant; and Sri.K.Mohanakannan, learned

counsel appearing for respondents 1 to 3/writ petitioners, may get WA No.460/2022 4/5

WA No. 460 of 2022

instructions from the respective parties as to whether they are agreeable,

if this Court orders that Annex.V proceedings dated 10.03.2022 is

restored and Annex.VII proceedings dated 24.03.2022 is ordered to be

set aside or rescinded by this Court.

List the case on 14.06.2022.

Hand Over

Sd/-

ALEXANDER THOMAS JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE bka/-

08-06-2022                        /True Copy/                       Assistant Registrar
 WA No.460/2022                 5/5


EXT.P5:          TRUE COPY OF THE REPRESENTATION DATED 8/9/2021
                 BEFORE THE 4TH RESPONDENT.
Annexure V:      TRUE COPY OF THE DETAILED ORDER DATED 10.3.2022 ISSUED

BY THE 6TH RESPONDENTS IN RESPONSE TO THE JUDGMENT IN WP(C) NO.22196/2021.

Annexure VII: TRUE COPY OF THE ORDER DATED 24.3.2022 ISSUED BY THE 6TH RESPONDENT.