Kerala High Court
Babu K vs The State Of Kerala on 25 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:79594
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 37619 OF 2024
PETITIONER:
BABU K
S/O KUNJAPPI
LINI VILLA, MANAPALLY SOUTH
SRPM P.O, THAZHAVA,
KOLLAM, PIN - 690539
BY ADV KAVERY S THAMPI
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF DIARY DEVELOPMENT,
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THYCAUD P.O
THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT
OFFICE OF THE DEPUTY DIRECTOR OF DAIRY
DEVELOPMENT, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM,
PIN - 695004
2024:KER:79594
WP(C) No.37619 of 2024
2
4 THE MANAGING COMMITTEE
MANAPPALLI THEKKU MILK FARMER'S CO-OPERATIVE
SOCIETY LTD.NO. Q.171 (D),
APCOS, SRP MARKET P.O.,
THAZHAVA
REPRESENTED BY ITS PRESIDENT,
PIN - 690539
5 MANAPPALLI THEKKU MILK FARMER'S CO-OPERATIVE
SOCIETY LTD.NO. Q.171 (D),
APCOS, SRP MARKET P.O.,
THAZHAVA
REPRESENTED BY SECRETARY IN CHARGE .,
PIN - 69053
SMT. RESMI THOMAS.,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.37619 of 2024
3
JUDGMENT
Dated this the 25th day of October, 2024
The petitioner is a member of the 5th respondent-
Society with Membership No.485. The petitioner has held
posts in the Managing Committee of the Society during
previous years. Ext.P1 shows that the 5th respondent-Society
is at loss. On 30.09.2024, the Secretary to the 5th respondent-
Society took voluntary retirement and the post of the
Secretary became vacant.
2. Immediately on 05.10.2024, the Society
made paper publication inviting applications to the post of
Secretary, in violation to Ext.P3 Circular and Rule 182(5) of
the Kerala Co-operative Societies Act, 1969. The qualification
notified for the post is not in accordance with the Rule 186.
The petitioner, when inquired, came to know about the
nepotism. The interview for selection is proposed to be held
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soon, in order to appoint a person of the choice of the 4 th
respondent.
3. The petitioner states that experience is not
made a requirement for selection and qualification itself is not
as per the Rules. This points out nepotism. That apart, the
Society is moving on to election to the Managing Committee
on 25.01.2025. Hence, there is no urgency needed in the
selection process, over-looking the qualifications of other staff
members in the Society. It is learnt that the selection process
will be completed before 01.11.2024. The petitioner has
alerted respondents 2 and 3 by forwarding Ext.P4
representation. But by the time the same is considered, the
selection process would be over. Hence, the petitioner is
before this Court.
4. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
respondents 1 to 3. In view of the nature of the relief to be
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granted in the writ petition, notice to respondents 4 and 5 is
dispensed with.
5. The specific case of the petitioner is that the
notification does not prescribe levy of any application fee,
which is against Ext.P3 Circular No.11/1999 dated
23.03.1999. The petitioner would further contend that the
qualification prescribed in the notification is in violation of Rule
186. The attempt to make an appointment at the fag end of
the tenure of the Managing Committee amounts to nepotism.
6. I find that the petitioner has pointed out the
alleged illegalities in Ext.P3 notification, by way of Ext.P4
representation addressed to respondents 2 and 3. In the
facts of the case, I am of the view that it would be sufficient if
the 3rd respondent considers the representation of the
petitioner at the first instance.
The writ petition is therefore disposed of directing the
3rd respondent to consider Ext.P4 representation of the
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petitioner and take appropriate decision thereon in
accordance with law with notice to affected parties, if required.
Needless to say, any selection made pursuant to Ext.P2
would be subject to the orders that may be passed by the 3 rd
respondent on Ext.P4 representation. The petitioner shall
serve a copy of this judgment on respondents 4 and 5. It is
made clear that this Court has not pronounced anything on
merits, on the allegations made by the petitioner.
Sd/-
N.NAGARESH
JUDGE
spk
2024:KER:79594
APPENDIX OF WP(C) 37619/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE ANNUAL GENERAL BODY
BROCHURE PUBLISHED BY THE 5TH
RESPONDENT SOCIETY FOR THE ANNUAL
GENERAL BODY HELD ON 27.09.2024
Exhibit P2 A TRUE COPY OF THE PAPER PUBLICATION
MADE BY THE 5TH RESPONDENT SOCIETY IN
MANGALAM DAILY ON 5.10.2024
Exhibit P3 A TRUE COPY OF THE CIRCULAR NO:11/1999
DATED 23.03.1999 ISSUED BY THE
REGISTRAR OF CO-OPERATIVE SOCIETIES
Exhibit P4 A TRUE COPY OF THE REPRESENTATION
FORWARDED BY THE PETITIONER TO 2ND AND
3RD RESPONDENT DATED 23.10.2024
