Citation : 2023 Latest Caselaw 5929 Ker
Judgement Date : 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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