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The Rassalpuram Ksheerolpadaka ... vs T.Gopakumaran Nair
2024 Latest Caselaw 10557 Ker

Citation : 2024 Latest Caselaw 10557 Ker
Judgement Date : 11 April, 2024

Kerala High Court

The Rassalpuram Ksheerolpadaka ... vs T.Gopakumaran Nair on 11 April, 2024

Author: Amit Rawal

Bench: Amit Rawal

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                    &
                  THE HONOURABLE MR. JUSTICE EASWARAN S.
         Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946
                             WA NO. 536 OF 2024
     AGAINST JUDGMENT DATED 13/03/2024 IN WP(C) 7656/2024 OF THIS COURT
APPELLANT(S)/RESPONDENTS 1& 2:

  1. THE RASSALPURAM KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.T 136, (D)
     APCOS REPRESENTED BY ITS SECRETARY, RASSALPURAM P.O,
     THIRUVANANTHAPURAM DISTRICT, PIN - 695501
  2. THE ADMINISTRATIVE COMMITTEE, RASSALPURAM KSHEEROLPADAKA SAHAKARANA
     SANGAM LTD. NO.T 136, (D) APCOS, REPRESENTED BY ITS CONVENER,
     RASSALPURAM P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695501

BY ADVS.M/S.R.T.PRADEEP, ABIN P.SHAIJU, NIRANJAN T.PRADEEP, SANDRA
S.KUMAR & SURAJ S.KUMAR.

RESPONDENT(S)/PETITIONER & RESPONDENTS 3,4 & 5 IN W.P.(C):

  1. T.GOPAKUMARAN NAIR,AGED 64 YEARS, S/O.THANKAPPAN NAIR, MADHAVA
     MANDIRAM, ERUTHEAVUR, RASSALPURAM P.O, VIA BALARAMAPURAM,
     THIRUVANANTHAPURAM DISTRICT, PIN - 695501
  2. DAIRY EXTENSION OFFICER, NEMAM BLOCK, MALAYANKIL PO,
     THIRUVANANTHAPURAM DISTRICT, PIN - 695571
  3. THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT OFFICE, PATTOM,
     THIRUVANANTHAPURAM DISTRICT, PIN - 695004
  4. THE STATE CO-OPERATIVE ELECTION COMMISSION REPRESENTED BY ITS
     SECRETARY, 3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O,
     THIRUVANANTHAPURAM, PIN - 695033

BY GOVERNMENT PLEADER FOR R2 TO R4

     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 Judgment dated 13-03-2024 in W.P(C) No.7656/2024
by the learned Single Judge of this Hon'ble Court, pending disposal of the
Writ Appeal.

     This Writ Appeal coming on for orders on 11/04/2024 upon perusing
the appeal memorandum, the court on the same day passed the following:
      EXT.P10: A TRUE COPY OF ORDER NO.DDTVM/94/2024-DFI D DATED
23-02-2024 ISSUED BY THE 4TH RESPONDENT.
           AMIT RAWAL & EASWARAN S., JJ.
             --------------------------------------
                  W.A. No. 536 of 2024
             --------------------------------------
         Dated this the 11th day of April, 2024


                          ORDER

AMIT RAWAL, J.

1. Inter alia alleges that the writ petitioner was

none else but respondent No.1 who had assailed the

order Ext.P10 whereby appellants were appointed as

members of the Administrative Committee after the

appointment of the Administrator. Challenge was on a

flimsy ground and one of the grounds was to include the

erstwhile members in the Administrative Committee. By

virtue of the impugned judgment writ petition has been

allowed with a direction to include the previous members

of the committee, i.e., respondents No.1, who had no

locus to the member of the Administrative Committee.

The election scheduled to be held on 08.04.2024 owing

to the code of conduct have been adjourned.

2. Issue notice before admission. Counsel for the

first respondent petitioner represents. Service is

complete.

3. At this stage learned counsel for the petitioner

informs that the judgment has been implemented, in fact

a subsequent order has already been issued by the

Deputy Director changing the Administrative Committee.

4. The impugned judgment and any subsequent

action initiated on the basis of judgment stand stayed.

Post on 30.05.2024.

Sd/-

AMIT RAWAL JUDGE

Sd/-

EASWARAN S. JUDGE

vv

11-04-2024 /True Copy/ Assistant Registrar

 
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