Siva Kumar J vs State Of Kerala
2022 Latest Caselaw 5742 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                       WP(C) NO. 16618 OF 2022
PETITIONERS:

    1      SIVA KUMAR J
           AGED 42 YEARS
           S/O. JAGANATHAN, THARAGANCHALLA
           KALAMVANNAMADAKOZHIPATHY, CHITTUR TALUK,
           PALAKAD DISTRICT.
    2      THYAHUKUMAR
           AGED 38 YEARS
           S/O RAJAGOPAL, ELLAKKADMOOLATHARA VILLAGE,
           CHITTUR TALUK, PALAKKAD DISTRICT.
    3      KRISHNAKUMAR V,
           AGED 39 YEARS
           S/O VENKATACHALAM MALAYANDIKOUNDANOOR, KOZHIPATHYTALUK
           CHITTUR TALUK, PALAKKAD DISTRICT.
           BY ADV K.MOHANAKANNAN


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT, DAIRY
           DEVELOPMENT DEPARTMENT THIRUVANANTHAPURAM-695 0011.
    2      THE DIRECTOR OF DAIRY DEVELOPMENT,
           PATTOM, THIRUVANANTHAPURAM- 695004.
    3      THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT
           CIVIL STATION, PALAKKAD-678 001.
    4      THE DAIRY EXTENSION OFFICER,
           DIARY DEVELOPMENT OFFICE, CHITTUR,
           PALAKKAD DISTRICT-678 541
    5      MALABAR REGIONAL COOPERATIVE
           MILK PRODUCERS UNION LTD (MILMA),
           HEAD OFFICE PERINGALAMKUNNAMANGALAM,
           KOZHIKODE -673 570
           REPRESENTED BY ITS MANAGING DIRECTOR.
 WP(C) NO. 16618 OF 2022
                                   2

    6          THE DAIRY MANAGER,
               MILMA, PALAKKAD DAIRY, PALAKKAD,
               PALAKKAD DISTRICT-678 005
    7          KUNAMKATTUPATHY KSHEERA ULPADHAKA
               SAHAKARANASANGAM
               REPERESENTED BY ITS SECRETARY, VANNAMADA (PO),
               PALAKKAD DISTRICT -678 555.
    8          MOOLATHARA KSHEERA ULPADHAKA
               SAHAKARANA SANGAM,
               REPRESENTED BY ITS SECRETARY, MEENAKSHIPURAM
               (PO), PALAKKAD -678 533.
    9          KUMARNOOR KSHEERA ULPADHAKA SAHAKARANA SANGAM.
               REPRESENTED BY ITS SECRETARY VANNAMADA(PO)
               PALAKKAD DISTRICT -678 555.


               BY ADVS.
               SMT.DEEPA NARAYANAN, SR.GP,
               SMT.LATHA ANAND, SC, R5 & R6



        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   27.05.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 16618 OF 2022
                                   3

               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P.(C).No. 16618 of 2022
      ----------------------------------------------
        Dated this the 27th day of May, 2022


                            JUDGMENT

The above writ petition is filed with the following prayers:

"(i) To issue a writ of certiorari or any other appropriate writ or order or direction calling for the records leading to Exhibit P10 and quash the same;

(ii) To issue a writ of mandamus or any other appropriate writ or order or direction restoring Ext.P9 and direct the implementation of the same by Respondents 4 to 6;

(iii) To grant such other relief as this Hon'bel Court deem fit to grant in the interest of justice."[SIC]

2. Ext.P9 is an order passed by the 3 rd

respondent. This order was passed in the light of the

directions in the judgment dated 26.10.2021 in W.P.(C)

No.22196/2021 which is produced as Ext.P6. There was

a correction in Ext.P6 judgment and this Court corrected

the judgment and the same is produced as Ext.P8. As

per the corrected judgment, the 2 nd respondent has to

pass appropriate orders. When the 3rd respondent came WP(C) NO. 16618 OF 2022

to know about this correction, he cancelled Ext.P9 order

as per Ext.P10 order. In such circumstances, 2 nd

respondent is bound to pass appropriate orders as

directed by this Court in Ext.P8 judgment. If there is

any violation of the same, the petitioner is free to file

contempt proceedings against the 2nd respondent .

With the above observation, this writ petition is

closed.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 16618 OF 2022

APPENDIX OF WP(C) 16618/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT DATED 12-7-2018. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT DATED 29-5-2021. EXHIBIT P3 TRUE COPY OF THE NOTICE PUBLISHED BY THE 7TH RESPONDENT ON 9-9-2021 IN TAMIL LANGUAGE WITH MALAYALAM TRANSLATION.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS AND OTHERS BEFORE THE HON'BLE MINISTER DATED 19-6-2021.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 8-9-2021 BEFORE THE 4TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WRIT PETITION 22196/2021 DATED 26-10-2021. EXHIBIT P7 TRUE COPY OF THE IA 1/2021 IN WRIT PETITION NO.22196/2021. EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.22196/2021 DATED 26-10- 2021.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 10-3-

2022 PASSED BY THE 3RD RESPONDENT. EXHIBIT P10 TRUE COPY OF THE ORDER DATED 24.03.

2022 BY THE 3RD RESPONDENT.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE