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The Thiruvananthapuram Regional ... vs Gopalakrishna Pillai
2023 Latest Caselaw 5929 Ker

Citation : 2023 Latest Caselaw 5929 Ker
Judgement Date : 24 May, 2023

Kerala High Court
The Thiruvananthapuram Regional ... vs Gopalakrishna Pillai on 24 May, 2023
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                 THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
          Wednesday, the 24th day of May 2023 / 3rd Jyaishta, 1945
                             WA NO. 982 OF 2023
   AGAINST THE JUDGMENT DATED 10/04/2023 IN WP(C) 1673/2023 OF THIS COURT
APPELLANT/4TH RESPONDENT

     THE THIRUVANANTHAPURAM REGIONAL MILK PRODUCERS UNION LTD. NO. T 177
     (D) APCOS KSHEERA BHAVAN, PATTOM, THIRUVANANTHAPURAM- 695 004,
     REPRESENTED BY ITS MANAGING DIRECTOR, PIN- 695 004

BY ADVOCATE SMT. LATHA ANAND

RESPONDENTS/PETITIONER/RESPONDENTS 1 TO 3, 5 TO 7

  1. GOPALAKRISHNA PILLAI, AGED 65 YEARS, S/O. THANKAPPAN PILLAI,
     KALLATHIL ARINALLOOR SOUTH P.O., KOLLAM, PIN - 690538
  2. STATE OF KERALA, DEPARTMENT OF AGRICULTURE, SECRETARIAT,
     THIRUVANANTHAPURAM- REPRESENTED BY ITS SECRETARY, PIN - 695001
  3. DIRECTOR OF DAIRY DEVELOPMENT, PATTAM PALACE P.O,
     THIRUVANANTHAPURAM, PIN - 695004
  4. THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, OFFICE OF THE DEPUTY
     DIRECTOR OF DAIRY DEVELOPMENT, THIRUVANANTHAPURAM, PATTAM PALACE
     P.O, THIRUVANANTHAPURAM, PIN - 695004
  5. THE RETURNING OFFICER FOR THE THIRUVANANTHAPURAM REGIONAL MILK
     PRODUCERS UNION LTD. NO. T 177 (D) APCOS. KSHEERA BHAVAN, PATTOM,
     THIRUVANANTHAPURAM, PIN - 695004
  6. STATE CO-OPERATIVE ELECTION COMMISSION (SCEC) III FLOOR, CO - BANK
     TOWERS, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM- REPRESENTED
     BY ITS CHIEF ELECTION COMMISSIONER, PIN - 695033
  7. THE ADMINISTRATIVE COMMITTEE, THE THIRUVANANTHAPURAM REGIONAL MILK
     PRODUCERS UNION LTD. NO. T 177 (D) APCOS. KSHEERA BHAVAN, PATTOM,
     THIRUVANANTHAPURAM- 695004 REPRESENTED BY ITS CONVENOR.

  BY ADVOCATE SRI. N.ANAND FOR R1

     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 the impugned judgment dated 10.04.2023 in W.P.(C)
No. 1673 of 2023 till the disposal of this Writ Appeal.
     This Writ Appeal coming on for Orders on 24/05/2023 upon perusing
the appeal memorandum, the Court on the same day passed the following:
        ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
                 ==================
                   W.A.No. 928 of 2023
                            &
                   W.A.No. 982 of 2023
    [Arising out of the impugned judgment dated 10.4.2023 in W.P.(C).No.
                                 1673/2023]
                       ==================
                 Dated this the 24th day of May, 2023
                               ORDER

We have heard the parties for some time.

Both sides submit that the main matter in Ext.P-1 W.P.(C).No.

9447/2022 & connected matters has been finally heard and reserved

for judgment by the learned Single Judge and the judgment could be

expected shortly. Further both sides also take some time to examine

the provisions of the KCS Act and the KCS Rules and to make

submissions as to whether piece-meal declaration of election results

of a member of a committee, in contradistinction to declaration of

election results of the managing committee as a whole, is at least

implicitly permitted or envisaged as per the Act and the Rules.

List the case on 6.6.2023.

H/O.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

C.JAYACHANDRAN, JUDGE sdk+

 
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