Kerala High Court
Susheela Devi vs State Of Kerala on 7 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 18264 OF 2022
PETITIONERS:
1 SUSHEELA DEVI
D/O KRISHNA KURUP, AGED 62 YEARS,
MEMBER NO. 215,
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU EAST,
KOLLAM- 690561
2 GOPI PILLAI
AGED 63 YEARS, S/O KOCHU RAMAN NAIR,
MEMBER NO. 302,
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU EAST, KOLLAM- 690561
3 ANIL KUMAR
AGED 40 YEARS, S/O ANANDHAN K.,
MEMBER NO. 496,
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU EAST, KOLLAM- 690561
4 K. GANESHAN
AGED 85 YEARS, S/O ANANDHAN K.,
MEMBER NO. 287,
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU EAST,
KOLLAM- 690561
BY ADVS.
N.ANAND
RAJESH O.N.
RESPONDENTS:
1 STATE OF KERALA
DEPARTMENT OF AGRICULTURE, SECRETARIAT,
THIRUVANANTHAPURAM- 695001
REPRESENTED BY ITS SECRETARY
WP(C) NO. 18264 OF 2022 & Connected Cases
2
2 THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT
DAIRY DEVELOPMENT DEPARTMENT
ST.MARY'S BUILDING, CASHEW STREET
KOLLAM - 691001
3 DAIRY EXTENSION OFFICER
DAIRY EXTENSION SERVICE UNIT,
BLOCK PANCHAYATH BUILDING,
PORUVAZHI P.O., SASTHAMCOTTAH
KOLLAM - 690520
4 PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS
PARAKADAVU P.O., SOORANADU NORTH,
KOLLAM- 690561
REPRESENTED BY ITS SECRETARY
5 PONNAPPAN
MEMBERHIP NO. 134
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D)APCOS,
PARAKADAVU P.O., SOORANADU NORTH, KOLLAM-690561
RESIDING AT:
MUNDAYANIKKAL, PATHIRIKKAL.
PARAKADAVU P.O., SOORANADU NORTH, KOLLAM- 690561
6 K. CHANDRAN NAIR
MEMBERHIP NO. 264
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU NORTH, KOLLAM- 690561
RESIDING AT:
KALAYAKKATU POOMANAN THARA
PATHIRIKKAL, PARAKADAVU P.O.,
SOORANADU NORTH, KOLLAM- 690561
7 SREELATHA
MEMBERHIP NO.477
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS, PARAKADAVU P.O.,
SOORANADU NORTH, KOLLAM-690561
RESIDING AT:
VIJAYASADANAM, EDAPPANAYAM,
PARAKADAVU P.O., SOORANADU NORTH,
KOLLAM - 690561
WP(C) NO. 18264 OF 2022 & Connected Cases
3
8 N. RAJESH
MEMBERHIP NO. 464
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS, PARAKADAVU P.O.,
SOORANADU NORTH, KOLLAM-690561
RESIDING AT:
RAJESH BHAVAN, EDAPPANAYAM,
PARAKADAVU P.O., SOORANADU NORTH,
KOLLAM - 690561
9 R. BINDU
MEMBERHIP NO. 505
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS, PARAKADAVU P.O.,
SOORANADU NORTH, KOLLAM-690561
RESIDING AT:
KOZHINADU, EDAPPANAYAM,
PARAKADAVU P.O., SOORANADU NORTH, KOLLAM - 690561
10 THE ADMINISTRATOR
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA
SANGHOM NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU NORTH, KOLLAM - 690561
BY ADVS.
V.M.KRISHNAKUMAR
MAYA M.
SRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
SRI.JAFAR KHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.10.2022, ALONG WITH WP(C).16703/2022, 18156/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18264 OF 2022 & Connected Cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 16703 OF 2022
PETITIONER:
SASIDHARAN PILLAI B
S/O BHASKARAN PILLAI, AGED 72 YEARS
MEMBER NO. 523,
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU NORTH,
KOLLAM - 690561
BY ADV N.ANAND
RESPONDENTS:
1 STATE OF KERALA
DEPARTMENT OF AGRICULTURE
SECRETARIAT,
THIRUVANANTHAPURAM- 695001
REPRESENTED BY ITS SECRETARY
2 THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT
DEPARTMENT OF DAIRY DEVELOPMENT
ST.MARY'S BUILDING, CASHEW STREET
KOLLAM - 691001
3 DAIRY EXTENSION OFFICER
DAIRY EXTENSION SERVICE UNIT,
BLOCK PANCHAYATH BUILDING,
PORUVAZHI P.O., SASTHAMCOTTAH
KOLLAM - 690520
4 PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS
PARAKADAVU P.O., SOORANADU NORTH,
KOLLAM - 695061
REPRESENTED BY ITS SECRETARY
WP(C) NO. 18264 OF 2022 & Connected Cases
5
5 THE MANAGING COMMITTEE
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU NORTH,
KOLLAM- 690561
REPRESENTED BY ITS PRESIDENT
6 THE STATE CO-OPERATIVE ELECTION COMMISSION
III FLOOR, CO - BANKTOWERS, PALAYAM,
VIKAS BHAVAN P.O.
THIRUVANANTHAPURAM- 695033
REPRESENTED BY ITS SECRETARY
7 ADDL. R7.V.PONNAPPAN
MEMBERSHIP NO. 134, PATHIRIKKAL KSHEEROLPADAKA
SAHAKARNA SANGHOM NO. Q 287(D) APCOS,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561,
RESIDING AT MUNDAYANIKKAL, PATHIRIKKAL,
PARAKADAVU.P.O., SOORANADY NORTH, KOLLAM-690561.
8 ADDL. R8. K.CHANDRAN NAIR
MEMBERSHIP NO. 264, PATHIRIKKAL KSHEEROLPADAKA
SAHAKARNA SANGHOM NO. Q 287(D) APCOS,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561
RESIDING AT KALAYAKKATU POOMANAN THARA,
PATHIRIKKAL, PARAKADAVU.P.O., SOORANADU NORTH,
KOLLAM-690561.
9 ADDL. R9.SREELATHA
MEMBERSHIP NO. 477, PATHIRIKKAL KSHEEROLPADAKA
SAHAKARNA SANGHOM NO. Q 287(D) APCOS,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561,
RESIDING AT VIJAYASADANAM, EDAPPANAYAM,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561.
10 ADDL. R10. N.RAJESH
MEMBERSHIP NO. 464, PATHIRIKKAL KSHEEROLPADAKA
SAHAKARNA SANGHOM NO. Q 287(D) APCOS,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561,
RESIDING AT RAJESH BHAVAN, EDAPPANAYAM,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561.
11 ADDL. R11.R.BINDU
MEMBERSHIP NO. 505, PATHIRIKKAL KSHEEROLPADAKA
SAHAKARNA SANGHOM NO. Q 287(D) APCOS,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561,
WP(C) NO. 18264 OF 2022 & Connected Cases
6
RESIDING AT KOZHINADU, EDAPPANAYAM,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561.
(ADDL. R7 TO R11 IMPLEADED AS PER ORDER DATED
14-06-2022 IN IA NO.1/2022).
BY ADVS.
V.M.KRISHNAKUMAR
MAYA M.
R.LAKSHMI NARAYAN
SRI.JAFAR KHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.10.2022, ALONG WITH WP(C).18264/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18264 OF 2022 & Connected Cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 18156 OF 2022
PETITIONER:
SMT. B.SUSEELA DEVI, AGED 63 YEARS
W/O RADHAKRISHNA KURUP, R.S.SADANAM, EDAPPANAYAM,
PARAKKADAVU P.O., SOORANADU NORTH, KOLLAM DISTRICT
PIN-690561. (PRESIDENT, PATHIRICKAL KSHEEROLPADAKA
SAHAKARANA SANGHAM LTD NO.Q 287(D), APCOS,
PARAKADAVU P.O., KOLLAM DT)
BY ADVS.
K.S.MOHAMED HASHIM
MATHEWS VALSALAN
M.R.SIVAN
RESPONDENTS:
1 THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT,
KOLLAM DISTRICT, MUNDAKKAL, KOLLAM P.O, PIN.691001.
2 DAIRY EXTENSION OFFICER,
DAIRY DEVELOPMENT DEPARTMENT, SASTHAMCOTTA,
SASTHAMCOTTA P.O,KOLLAM DISTRICT, PIN - 690520.
3 PATHIRICKAL KSHEEROLPADAKA SAHAKARANA SANGHAM LTD.
NO.Q 287(D), APCOS, PARAKADAVU P.O., SOORANADU
NORTH, KOLLAM DT., PIN-690561, REPRESENTED BY ITS
SECRETARY.
4 KERALA STATE CO-OPERATIVE ELECTION COMMISSION
CO-BANK TOWER, VIKASBHAVAN P.O, THIRUVANANTHAPURAM,
PIN-695033
BY ADVS.
R.LAKSHMI NARAYAN, SRI.JAFAR KHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.10.2022, ALONG WITH WP(C).18264/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18264 OF 2022 & Connected Cases
8
T.R. RAVI, J.
--------------------------------------------
WP(C) Nos.18264/2022, 16703/2022, 18156/2022
--------------------------------------------
Dated this the 07th day of October, 2022
JUDGMENT
The three writ petitions relate to the administration of the
Pathirikkal Ksheerolpadaka Sahakarna Sanghom. The Society is
presently under the management of part-time Administrator, whose
term has been extended for a period of six months from
03.09.2022. The elections are long overdue and the grievance of
the petitioners is that the management by the Administrator is
being continued without taking any effort to conduct the election.
Even though there are several other contentions which have been
raised and a prayer for appointment of an Administrative
Committee including the petitioners, I do not think such orders are
called for at this stage and all that would be required in the
interest of Justice is to ensure that an election is conducted at the
earliest and a democratically elected board comes into power.
2. The Government Pleader was directed to get
instructions regarding the time that would be required for
conducting the election. It is submitted on instructions that an
audit of the Society is pending for the past two years and the
WP(C) NO. 18264 OF 2022 & Connected Cases
part-time Administrator has initiated steps to get the Society's
accounts audited. On the above reason, it is prayed that the
elections can be held in six months' time, by which time the audit
can also be completed.
3. The counsel for the petitioners submitted that six
months time is not really required for conducting an election and
going by the statute an election can be conducted within 33 days.
The request for a period of six months, in my opinion, is not
justified. Conduct of audit has nothing to do with election to the
office bearers. If an audit has been initiated by the part-time
Administrator, there is no reason to think that an elected body
which comes into power later will decide to do away with the audit.
In such circumstances, these writ petitions are disposed of,
directing the part-time Administrator to pass a resolution
regarding the conduct of the election within one week from the
date of receipt of a copy of this judgment and forward the same to
the Election Commission. The process of the election shall be
completed within three months from today, so that by the end of
three months an elected body can come into power.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 18264 OF 2022 & Connected Cases
APPENDIX OF WP(C) 18264/2022
PETITIONERS' EXHIBITS
Exhibit-P1 TRUE COPY OF MINUTES DATED 04.07.2017
ADOPTED BY MANAGING COMMITTEE OF
RESPONDENT NO.4.
Exhibit-P2 TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2021 AS
PUBLISHED IN THE KERALA GAZETTE
NOTIFICATION DATED 14.11.2021 IN NO.
3110/LEG.H2/2021/LAW.
Exhibit-P3 TRUE COPY OF THE RESOLUTION DATED
25.04.2022 ADOPTED BY THE MANAGING
COMMITTEE OF RESPONDENT NO.4 SOCIETY.
Exhibit-P4 TRUE COPY OF THE COMMUNICATION DATED NIL
ADDRESSED BY RESPONDENT NO.4 TO
RESPONDENT NO.3.
Exhibit-P5 TRUE COPY OF THE PROFORMA DATED
05.05.2022 SUBMITTED BY RESPONDENT NO.4
TO THE STATE CO-OPERATIVE ELECTION
COMMISSION.
Exhibit-P6 TRUE COPY OF THE CHALLAN DATED 27.04.2022
EVIDENCING THE PAYMENT OF RS.1,000/- BY
RESPONDENT NO.4.
Exhibit-P7 TRUE COPY OF THE UNDATED COMMUNICATION
ISSUED BY RESPONDENT NO.4 TO THE STATE
CO-OPERATIVE ELECTION COMMISSION.
Exhibit-P8 TRUE COPY OF THE COMMUNICATION DATED
07.05.2022 ISSUED BY RESPONDENT NO.2 TO
PETITIONER NO.2.
Exhibit-P9 POSTAL COVER OF EXT.P8 LETTER.
Exhibit-P10 TRUE COPY OF THE TRACKING RECEIPT PRINTED
FROMHTTPS://WWW.INDIAPOST.GOV.IN/_LAYOUTS
/15/DOP.PORTAL.TRACKING/TRACKCONSIGNMENT.
ASPX.
WP(C) NO. 18264 OF 2022 & Connected Cases
Exhibit-P11 TRUE COPY OF THE REPLY DATED 16.05.2022
ISSUED BY PETITIONER NO.3 TO RESPONDENT
NO.2.
Exhibit-P12 TRUE COPY OF THE POSTAL RECEIPT DATED
17.05.2022.
Exhibit-P13 TRUE COPY OF THE TRACKING RECEIPT OF
EXT.P11.
Exhibit-P14 TRUE COPY OF THE ORDER DATED 16.05.2022
PASSED BY RESPONDENT NO.2 IN NO.
A5/1517/2022.
Exhibit-P15 TRUE COPY OF THE JUDGMENT DATED
06.07.2017 PASSED BY THIS HON'BLE COURT
IN W.A. NO. 1410 OF 2017.
Exhibit-P16 TRUE COPY OF THE ORDER DATED 03.06.2022
PASSED BY RESPONDENT NO.2.
EXHIBIT-P17 TRUE COPY OF THE MINUTES BOOK OF THE
SOCIETY DATED 25.04.2022.
RESPONDENTS' EXHIBITS
Exhibit R1(A) TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE MEMBERS OF THE MANAGING COMMITTEE
DATED 04.05.2022.
Exhibit R1(B) TRUE COPY OF THE COMPLAINT TENDERED BY THE
SECRETARY DATED 05.05.2022.
Exhibit R1(C) TRUE COPY OF THE STATEMENTS RECORDED BY
THE DAIRY EXTENSION OFFICER DATED
06.05.2022.
Exhibit R1(D) TRUE COPY OF THE REPORT SUBMITTED BY THE
DAIRY EXTENSTION OFFICER TO THE DEPUTY
DIRECTOR DATED 07.05.2022.
Exhibit R1(E) TRUE COPY OF THE JUDGMENT DATED 20.05.2022
IN W.P.(C) NO.15855/2022.
Exhibit R1(F) TRUE COPY OF THE REPLY GIVEN BY
SMT.SUSEELA DEVI DATED 20.05.2022.
WP(C) NO. 18264 OF 2022 & Connected Cases
APPENDIX OF WP(C) 16703/2022
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF MINUTES DATED 04.07.2017
ADOPTED BY THE 5TH RESPONDENT MANAGING
COMMITTEE.
Exhibit-P2 TRUE COPY OF THE KERALA CO-OPERATIVE
SOCIETIES (AMENDMENT) ACT, 2021 AS
PUBLISHED IN THE KERALA GAZETTE
NOTIFICATION DATED 14.11.2021 IN NO.
3110/LEG.H2/2021/LAW.
Exhibit-P3 TRUE COPY OF THE COMMUNICATION DATED
27.04.2022 ISSUED BY RESPONDENT NO. 3 TO
RESPONDENTS 4 & 5.
Exhibit-P4 TRUE COPY OF THE RESOLUTION DATED
25.04.2022 ADOPTED BY THE 5TH RESPONDENT
COMMITTEE.
Exhibit-P5 TRUE COPY OF THE COMMUNICATION DATED NIL
ADDRESSED BY RESPONDENT NO. 4 TO
RESPONDENT NO. 3.
Exhibit-P6 TRUE COPY OF THE PROFORMA DATED
TO RESPONDENT NO. 6.
Exhibit-P7 TRUE COPY OF THE CHALLAN DATED 27.04.2022
EVIDENCING THE PAYMENT OF RS.1,000/- BY
RESPONDENT NO. 4.
Exhibit-P8 TRUE COPY OF THE UNDATED COMMUNICATION
ISSUED BY RESPONDENT NO. 4 TO RESPONDENT
NO. 6.
Exhibit-P9
TRUE COPY OF THE ORDER DATED 16.05.2022
PASSED BY RESPONDENT NO. 2 IN NO.
A5/1517/2022.
WP(C) NO. 18264 OF 2022 & Connected Cases
RESPONDENTS' EXHIBITS
Exhibit R1(A) TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE MEMBERS OF THE MANAGING COMMITTEE
DATED 04.05.2022.
Exhibit R1(B) TRUE COPY OF THE COMPLAINT TENDERED BY
THE SECRETARY DATED 05.05.2022.
Exhibit R1(C) TRUE COPY OF THE STATEMENTS RECORDED BY
THE DAIRY EXTENSION OFFICER DATED
06.05.2022.
Exhibit R1(D) TRUE COPY OF THE REPORT SUBMITTED BY THE
DAIRY EXTENSTION OFFICER TO THE DEPUTY
DIRECTOR DATED 07.05.2022.
Exhibit R1(E) TRUE COPY OF THE JUDGMENT DATED
20.05.2022 IN W.P.(C) NO.15855/2022.
Exhibit R1(F) TRUE COPY OF THE REPLY GIVEN BY
SMT.SUSEELA DEVI DATED 20.05.2022.
WP(C) NO. 18264 OF 2022 & Connected Cases
APPENDIX OF WP(C) 18156/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE COVERING LETTER ALONG
WITH THE RESOLUTION NO. DATED 25-04-2022
WITH NECESSARY DOCUMENT SUBMITTED TO THE
1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 07-05-2022
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER.
Exhibit P3 TRUE COPY OF THE ORDER DATED 16-05-2022
ISSUED BY THE 1ST RESPONDENT DATED
16-05-2022.
RESPONDENTS' EXHIBITS
EXHIBIT R1(a) TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE MEMBERS OF THE MANAGING COMMITTEE
DATED 04.05.2022.
EXHIBIT R1(b) TRUE COPY OF THE COMPLIANT TENDERED BY
THE SECRETARY DATED 05.05.2022.
Exhibit R1(c) TRUE COPY OF THE STATEMENTS RECORDED BY
THE DAIRY EXTENSION OFFICER DATED
06.05.2022.
EXHIBIT R1(d) TRUE COPY OF THE REPORT SUBMITTED BY THE
DAIRY EXTENSION OFFICER TO THE DEPUTY
DIRECTOR DATED 07.05.2022.14
EXHIBIT R1(e) TRUE COPY OF THE JUDGMENT DATED
20.05.2022 IN WP(C) NO.15855/2022.
EXHIBIT R1(f) TRUE COPY OF THE REPLY GIVEN BY SMT.
SUSEELA DEVI DATED 20.05.2022.
