Eldho N.V vs The State Of Kerala
2023 Latest Caselaw 13613 Ker

Citation : 2023 Latest Caselaw 13613 Ker
Judgement Date : 21 December, 2023

Kerala High Court

Eldho N.V vs The State Of Kerala on 21 December, 2023

Author: N.Nagaresh

Bench: N.Nagaresh

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
   THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
                         WP(C) NO. 43463 OF 2023
PETITIONER

              ELDHO N.V.
              AGED 57 YEARS
              S/O.VARGHESE, NEDUMPILLY HOUSE, KOMBANAD P.O.,
              KOMBANAD VILLAGE, KUNNATHUNAD TALUK,
              ERNAKULAM DISTRICT, PIN - 683546

              BY ADV M.S.BREEZ


RESPONDENT:

     1        THE STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
              DAIRY DEVELOPMENT DEPARTMENT,PATTOM PALACE P.O.,
              THIRUVANANTHAPURAM, PIN - 695004
     2        THE DIRECTOR OF DAIRY DEVELOPMENT DEPARTMENT,
              DIRECTORATE OF DAIRY DEVELOPMENT DEPARTMENT,
              PATTOM PALACE P.O., THIRUVANANTHAPURAM,
              PIN - 695004
     3        DEPUTY DIRECTOR OF DAIRY DEVELOPMENT DEPARTMENT
              DAIRY DEVELOPMENT DEPARTMENT, CIVIL STATION,
              KAKKANAD, ERNAKULAM, PIN - 682030
     4        SECRETARY
              KOMBANAD MILK PRODUCERS' CO-OPERATIVE SOCIETY LTD.
              NO.E-226(D), KOMBANAD P.O.,
              ERNAKULAM DISTRICT, PIN - 683546

              SMT.SHEEJA C.S-SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.43463 Of 2023
                              2




                         JUDGMENT

Dated this the 21st day of December, 2023

The petitioner is a founder member of the Kombanad Milk

Producers Co-operative Society Limited No.E-226(D). In the

year 2014, the petitioner was elected as Director Board Member

and the President of the Board of Directors of the Society. In

September, 2022 the Secretary of the Society took long leave.

Smt. Lani Ravi was appointed as a temporary staff in the Society

for maintenance of accounts in the Society.

2. After about nine months thereafter, when the

petitioner verified the accounts of the Society, he found out

some misappropriation of funds of the Society by the aforesaid

Lani Ravi. The petitioner informed this matter to the Board of

Directors and a Sub-Committee was appointed to verify the

accounts of the Society. Smt. Lani Ravi influenced some of the

members of the Board of Directors and began to spread rumors WP(C) NO.43463 Of 2023

against the petitioner that he misappropriated the funds of the

Society. The petitioner hence decided to resign from the post of

the President of the Society and he submitted his resignation on

08.02.2023.

3. Thereafter, some of the Board of Directors of the

Society decided to remove the petitioner from the primary

membership of the Society with an intention to prevent him from

contesting the next election. Aggrieved by this, the petitioner

submitted Exts.P5 and P6 representations before the 3rd

respondent. No action has been taken by the 3rd respondent till

date. Hence, the petitioner has filed this writ petition.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents 1 to 3.

5. The grievance of the petitioner is that the petitioner

has been illegally removed from the primary membership of the

Society without complying with due process of law. I find that WP(C) NO.43463 Of 2023

the petitioner has submitted Exts.P5 and P6 representations

before the 3rd respondent-Deputy Director of Dairy

Development Department.

6. In the facts of the case, it would be only appropriate

that the 3rd respondent considers Exts.P5 and P6 and take

appropriate decision, in accordance with law, within a

reasonable time.

The writ petition is therefore disposed of directing the 3 rd

respondent to consider Exts.P5 and P6 representations and

take appropriate decision thereon in accordance with law,

within a period of three months.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.43463 Of 2023

APPENDIX OF WP(C) 43463/2023

PETITIONER EXHIBITS

Exhibit -P1 TRUE COPY OF THE RESIGNATION LETTER SUBMITTED BY THE PETITIONER DATED 08-02- 2023 FROM THE POST OF PRESIDENT OF THE SOCIETY Exhibit -P2 THE TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE PETITIONER DATED 16-05- 2023 BY THE SECRETARY OF THE SOCIETY Exhibit -P3 TRUE COPY OF THE REPLY DATED 25-5-2023 GIVEN BY THE PETITIONER TO THE SHOW CAUSE NOTICE Exhibit -P4 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECRETARY OF THE SOCIETY DATED 2-9-2023 TO THE PETITIONER INFORMING HIS REMOVAL FROM THE PRIMARY MEMBERSHIP OF THE SOCIETY Exhibit -P5 A TRUE COPY OF THE REPRESENTATION DATED 5-9-2023 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit -P6 A TRUE COPY OF THE REPRESENTATION DATED 4-12-2023 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT