The Moolathara Ksheerolpadaka ... vs Sivakumar.J
2022 Latest Caselaw 6747 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
        THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
     THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                         WA NO. 460 OF 2022
  (arising out of the modified order in I.A.1/2021 dated 29.11.2021 in the
                    judgment in WP(C).No.22196/2021)
APPELLANT/8TH RESPEONDENT 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 DISTRICT -678101).

           BY ADVS.
           G.HARIHARAN(K/66A/1976)
           PRAVEEN.H.
           K.S.SMITHA
           V.R.SANJEEV KUMAR



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.
 WA NO. 460 OF 2022

                             ..2..



     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 TALUK, CHITTUR TALUK , PALAKKAD
           DISTRICT-676855.

     4     STATE OF KERALA,
           REPRESENTED BY SECRETARY TO GOVERNMENT, DAIRY
           DEVELOPMENT DEPARTMENT, 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 SANGAM
           LTD.,
           REPRESENTED BY ITS SECRETARY, VANNAMADA P.O.,
           PALAKKAD DISTRICT-676855.
 WA NO. 460 OF 2022

                                  ..3..



    10     KUMARANOOR KSHEEROLPADAKA SAHAKARANA SANGAM LTD.,

           REPRESENTED BY ITS SECRETARY, VANNAMADA P.O.,
           PALAKKAD DISTRICT-676855.




OTHER PRESENT:

           SRI K. MOHANAKANNAN-R1 TO R3

           SR.GOVT.PLEADER SRI.T.K.VIPINDAS- R4 TO R6




      THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.06.2022,    THE   COURT   ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 WA NO. 460 OF 2022

                                     ..4..



ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
   ---------------------------------------------------------------------
                         WA No. 460 of 2022
   (arising out of the modified order in I.A.1/2021 dated 29.11.2021 in the
                     judgment in WP(C).No.22196/2021)
    ----------------------------------------------------------------------
                 Dated this the 14th day of June, 2022

                            JUDGMENT

ALEXANDER THOMAS, J.

The instant intra court appeal arises out of the modified

order dated 29.11.2021 on I.A.No.1/2021 in the disposed W.P.(C)

No.22196/2021 whereby the learned Single Judge has modified the

directions initially issued in the judgment dated 26.10.2021 in

W.P(C) No.22196/2021. The appellant herein is the eighth

respondent in the W.P(C) and I.A. and the respondents 1 to 3

herein are the writ petitioners and respondents 4 to 6 herein are

respondents 1 to 3, respondents 7 to 9 herein are respondents 5 to

7 and respondent No.10 herein is the 9 th respondent in the writ

petition.

2. Heard Sri.G.Hariharan, learned counsel appearing for the

appellant in the writ appeal, Sri.K.Mohanakannan, the learned WA NO. 460 OF 2022

..5..

counsel appearing for respondents 1 to 3/writ petitioners,

Sri.T.K.Vipindas, the learned Senior Government Pleader

appearing for respondents 4 to 6 in the writ appeal, Smt.Latha

Anand, the learned Standing Counsel for respondents 7 and 8.

Since the writ petition was disposed of at the admission stage

without notice to respondents 9 and 10 herein, notices to those

parties shall stand dispensed with.

3. The prayers in the instant W.P(C) No.22196/2021 are as

follows:-

'i)To issue a writ of certiorari or any other appropriate writ or order or direction calling for the records leading to Exhibit P1 to P3 and quash the same;

ii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 4th respondent to forward Ext.P5 to the 3rd Respondent and to direct the 3rd Respondent to take a decision on the same after hearing the petitioners within a time frame to be fixed by this Hon'ble Court and the realization of conservation charges fixed as per Exts.P1 to P3 o may be deferred until then;

iii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the respondents 5 to 9 to collect the milk from the Petitioners without insisting any conservation charges and pay the price of the milk as fixed by them directly to the Petitioners within a time frame to be fixed by this Hon'ble Court;'

The learned Single Judge after hearing both sides had rendered the

judgment on 26.10.2021 disposing of the above writ petition, not WA NO. 460 OF 2022

..6..

on merits but only with the direction that the third respondent-the

Deputy Director of Dairy Development shall consider the grievance

of the petitioners in Ext.P5 representation dated 8.9.2021 and after

affording an opportunity of hearing to the writ petitioners and

respondents 5 and 6 in the writ petition, will take a decision

thereon without much delay. Later the writ petitioners have filed

I.A. as I.A.No.1/2021 in the above disposed writ petition praying

that the decision on Ext.P5 may be directed to be taken by the

second respondent- the Director of Dairy Development and not by

the third respondent-the Deputy Director of Dairy Development.

The learned Single Judge has issued modified order dated

29.11.2021 on the said I.A.No.1/2021 in the above disposed writ

petition ordering that the word 'third respondent' appearing in

paragraph 4 of the judgment dated 26.10.2021 in the writ petition

will stand substituted and modified as 'second respondent'. In

other words, as per the original judgment, the decision on Ext.P5

representation was directed to be taken by the third respondent-

the Deputy Director of Dairy Development and whereas later at the

motion of the writ petitioners, the learned Single Judge has WA NO. 460 OF 2022

..7..

modified the said direction as per the subsequent order dated

29.11.2021 whereby it is ordered that the decision on the

grievances in Ext.P5 representation shall be decided by the second

respondent - the Director of Dairy Development. It appears that

the third respondent-the Deputy Director of Dairy Development

was served a copy of the original judgment dated 26.10.2021 in the

writ petition and he was unaware of the modified order rendered

on the I.A. in the writ petition on 29.11.2021. Similarly on this

count, the third respondent- the Deputy Director of Dairy

Development has later issued Annex.V proceedings

No.E.1739/2021 dated 10.03.2022 whereby the Malabar Regional

Co-operative Milk Producers Union Ltd. was restrained from

imposing any restrictions on the appellant-Co-operative Society

and other similarly placed societies from collecting milk from the

dairy farmers in the respective areas of operation and also

directing not to collect any conversion charges etc. It is later that

the third respondent-the Deputy Director of Dairy Development

came to know of the modified order passed by the learned Single

Judge on 29.11.2021 whereby it was ordered that the decision on WA NO. 460 OF 2022

..8..

Ext.P5 is to be rendered by the second respondent-Director of

Dairy Development and not by the third respondent-the Deputy

Director of Dairy Development. On coming to know about the said

modified order, the third respondent- the Deputy Director has

issued revised proceedings as per Annex.VII bearing

No.E.1739/2021 dated 24.3.2022 ordering that Annex.V order

dated 10.3.2022 will stand cancelled. Now, the appellant-Co-

operative Society-Respondent No.8 in the W.P(C) filed the instant

writ appeal seeking for a direction to set aside the modified order

dated 29.11.2021 so that the original direction in the judgment that

the third respondent- Deputy Director shall take decision on

Ext.P5 will get restored and also consequently, ensure the validity

of Annex.V order.

4. Today when the matter is taken up for

consideration, Sri.K.Mohanakannan, learned counsel appearing for

respondents 1 to 3 in the writ appeal/writ petitioners would submit

on the basis of the instructions of the parties that his parties do not

want to join on the issue on this limited aspect with the appellant-

society and his parties would also support the said plea of the WA NO. 460 OF 2022

..9..

appellant that this Court may direct that Annex.VII order may be

set aside so as to effectuate the continued validity of Annex.V

order. Sri.G.Hariharan, learned counsel appearing for the

appellant would also welcome the above said submission of

respondents 1 to 3 in the writ appeal/writ petitioners. Accordingly,

it is ordered that the modified order dated 29.11.2021 rendered by

the learned Single Judge on I.A.No.1/2021 in

W.P(C)No.22196/2021 will stand set aside. In other words, the

directions in the original judgment rendered in W.P(C)

No.22196/2021 directing that the decision on Ext.P5 should be

taken by the third respondent- Deputy Director will stand restored.

Consequently, it is ordered that Annex.VII proceedings dated

24.3.2022 will stand set aside so as to effectuate the restoration of

Annex. V order dtd. 10.3.2022. We are now told by both sides and

the learned Senior Government Pleader that pursuant to the

modified direction issued by the learned Single Judge on

29.11.2021, the second respondent- the Director of Dairy

Development has issued notice to conduct hearing in the matter on

20.6.2022 to take decision on Ext.P5 representation. Now that this WA NO. 460 OF 2022

..10..

Court has passed the above directions, the second respondent-

Director shall not take any decision on Ext.P5 representation as the

modified order in the writ petition has been set aside and as

Annex.VII order also has been set aside, Annex.V order has been

restored, in tune with the directions in the original judgment.

However, it is made clear that if any person has any legally

justiciable grievances in relation to the decision in Annex.V

proceedings dated 10.3.2022, such person will be at liberty to

work out his/her remedies in accordance with law. The Secretary

to the Office of the Advocate General will immediately forward

copies of this judgment to both the second respondent-the Director

and the third respondent-the Deputy Director for immediate

information. Counsel for the appellant and the counsel for the writ

petitioners will also be at liberty to forward copies of the judgment

to both the second respondent-Director and the third respondent

-Deputy Director for necessary information to avoid any

unnecessary confusion in this regard.

WA NO. 460 OF 2022

..11..

With these observations and directions, the above writ

appeal will stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

sd/-

SHOBA ANNAMMA EAPEN, JUDGE

MBS/-

WA NO. 460 OF 2022

..12..

APPENDIX OF WA 460/2022

PETITIONER ANNEXURES

Annexure I TRUE COPY OF THE RANK LIST OF VARIOUS MILK SOCIETIES IN PALAKKAD DISTRICT FOR THE MONTH OF NOVEMBER, 2021 UNDER THE CONTROL OF THE 7TH RESPONDENT.

Annexure II TRUE COPY OF THE JUDGMENT DATED 26.10.2021 MADE IN WP(C) NO.22196/2022.

Annexure III TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.(P) NO.15/2021/DD DATED 15.4.2021, ISSUED BY THE GOVERNMENT.

Annexure IV TRUE COPY OF THE JUDGMENT MADE IN WP(C) NO.20777/2021 DATED 23.12.2021.

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 VI TRUE COPY OF THE JUDGMENT MADE IN WP(C) NO.123/2022 DATED 21.3.2022.

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

Annexure VIII TRUE COPY OF THE PAPER REPORT PUBLISHED IN MATHRUBHUMI DAILY PALAKKAD EDITION DATED 26.3.2022.