Kerala High Court
M.C. Sivasankarapillai vs State Of Kerala on 11 March, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
2025:KER:20659
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 11TH DAY OF MARCH 2025 / 20TH PHALGUNA, 1946
WP(C) NO. 7234 OF 2025
PETITIONERS:
1 M.C. SIVASANKARAPILLAI
AGED 70 YEARS
S/O. CHANDRASEKHARAN NAIR,
MANNILAZHIKATHU, IVERKALA,
PUTHENAMBALAM P.O., KOLLAM,
PIN - 691 553.
2 DEEPA KUMARI
AGED 46 YEARS
D/O. PURUSHOTHAMAN MANGATTUTHUNDIL HOUSE,
IVERKALA EAST P.O., KOLLAM,
PIN - 691 507.
3 BABU GEORGE
AGED 68 YEARS
S/O. GEORGE AMAL BHAVANAM,
IVERKALA EAST P.O., KOLLAM,
PIN - 691 507.
4 T. SANTHAKUMARI
AGED 63 YEARS
D/O. GOPALAPILLAI SS SADANAM,
IVERKALA EAST P.O., KOLLAM,
PIN - 691 507.
5 VASUDEVAN K.
AGED 68 YEARS
S/O. GOVINDHAN, SUSEELA BHAVANAM,
IVERKALA EAST P.O., KOLLAM,
PIN - 691 507.
BY ADVS.
N.ANAND
RAJESH O.N.
AMEER SALIM
ROY ANTONY
2025:KER:20659
WP(C) NO.7234 OF 2025
2
RESPONDENTS:
1 STATE OF KERALA
DEPARTMENT OF AGRICULTURE, SECRETARIAT,
THIRUVANANTHAPURAM
REPRESENTED BY ITS SECRETARY,
PIN - 695 001.
2 THE DIRECTOR OF DAIRY DEVELOPMENT
DAIRY DEVELOPMENT DEPARTMENT, PATTOM,
THIRUVANANTHAPURAM, PIN - 695 004.
3 THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT
DAIRY DEVELOPMENT DEPARTMENT,
OFFICE OF THE DEPUTY DIRECTOR OF DAIRY
DEVELOPMENT, ST. MARY'S BUILDING,
CASHEW STREET, WEST MUNDAKKAL,
KOLLAM, PIN - 691 001.
4 THE DAIRY EXTENSION OFFICER,
SASTHAMKOTTA
DAIRY EXTENSION SERVICE UNIT,
BLOCK PANCHAYATH BUILDING,
SASTHAMCOTTAH, PORUVAZHI P.O.
KOLLAM, PIN - 690 520.
5 IVERKALA KSHEEROLPADAKA CO-OPERATIVE SOCIETY,
LTD NO. Q. 119 (D) APCOS
IVERKALA EAST P.O., KOLLAM
REPRESENTED BY ITS SECRETARY,
PIN - 691 507.
6 SMT. SREELATHA S
MULLASSERRIL HOUSE, IVERKALA,
PUTHENMABALAM P.O., KOLLAM,
PIN - 691 553.
*ADDL. LAITHA S. @ LAITHA RAJAN,
R7 W/O. RAJENDRAN PILLAI,
LAKSHMI BHAVANAM, IVERKALA EAST P.O.,
KOLLAM, PIN - 691 507.
*ADDL. GIRIJA S.,
R8 W/O. SUNDARESAN M, VADAKKE THENNOOR,
IVERKALA EAST P.O., KOLLAM,
PIN - 691 507
*ADDL.R7 & R8 ARE IMPLEADED AS PER ORDER DATED
2025:KER:20659
WP(C) NO.7234 OF 2025
3
27.02.2025 IN I.A.1/2025 IN WP(C)7234/2025.
BY ADVS.
SHINE N.S
B.MOHANLAL
P.S.PREETHA
ASWIN V. NAIR
KARTHIK J SEKHAR
ABIJITH M.
AVANI NAIR
JAYAPRABHA ARJUN
PRAVEENA T.
SRI. V.K SUNIL - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:20659
WP(C) NO.7234 OF 2025
4
JUDGMENT
The petitioners are members of the Managing Committee of the 5th respondent primary milk Co-operative Society. The petitioners had moved a motion of no-confidence against the 6th respondent, the President of the Society. As per Ext.P4, the meeting to consider the motion was slated on 27.02.2025.
2. While so, the 3rd respondent, the Deputy Director issued Exts.P5 to P9 notices to the petitioners to explain why the Managing Committee shall not be superseded in terms of Section 32(1)(a) of the Kerala Co-operative Societies Act, 1969 (for short, 'the Act'). The 2025:KER:20659 WP(C) NO.7234 OF 2025 5 petitioners contend that Exts.P5 to P9 notices were issued to defeat the no-confidence motion moved against the 6th respondent. Accordingly, the petitioners have filed this writ petition seeking to quash Exts.P5 to P9 notices.
3. This Court, by order dated 20.02.2025, stayed further proceedings pursuant to Exts.P5 to P9 for a period of two weeks. In the meantime, the 6th respondent resigned from the office on 22.02.2025, before the date slated for consideration of the no-confidence motion.
4. Heard Sri.N.Anand, the learned counsel for the petitioners, Sri.V.K.Sunil, the learned Senior Government Pleader appearing for respondents 1 to 5, Sri.Shine N.S, the learned counsel appearing for the 6th respondent and Sri.B.Mohanlal, the 2025:KER:20659 WP(C) NO.7234 OF 2025 6 learned counsel appearing for additional respondents 7 and 8.
5. A counter affidavit is placed on record by respondents 7 and 8.
6. It is contended by the learned counsel for respondents 7 and 8 as well as the learned Government Pleader that the writ petition is premature inasmuch as Exts.P5 to P9 are only show cause notices as to why the committee shall not be superseded.
7. The learned counsel for the petitioners contends that Exts.P5 to P9 notices are issued without jurisdiction as the Committee has not made any persistent default as provided under Section 32(1)(a) of the Act. It is further contended that the provisions under Section 33(1) of the Act 2025:KER:20659 WP(C) NO.7234 OF 2025 7 can be invoked only when the committee fails to hold its regular meetings consecutively for six months. Since six months as aforesaid have not elapsed, the committee cannot be superseded in terms of Section 32(1)(a) read with Section 33(1) of the Act.
8. This contention of the petitioners is opposed by the learned counsel for respondents 7 and 8 referring to Clauses 5.5 and 5.10 of the bye- laws of the Society.
9. Since Exts.P5 to P9 are only show cause notices, there will be a direction to the 3 rd respondent to hear the parties and take appropriate decision on the notices in accordance with law. The petitioners shall appear before the 3rd respondent at 11.00 a.m on 17.03.2025 and 2025:KER:20659 WP(C) NO.7234 OF 2025 8 they shall make necessary applications for copies of any documents being relied on against them and referred to in Exts.P5 to P9 notices. On furnishing the said documents, the petitioners shall submit their explanation within one week therefrom. The 3rd respondent shall pass appropriate orders after hearing the petitioners in accordance with law, within a period of one month from the date on which the explanations are submitted.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:20659 WP(C) NO.7234 OF 2025 9 APPENDIX PETITIONER'S EXHIBITS :-
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PORTION OF THE BYE LAWS OF RESPONDENT NO.5 SOCIETY. EXHIBIT P2 A TRUE COPY OF THE RELEVANT PORTION OF THE NOTICE DATED 21.01.2025 ISSUED BY RESPONDENT NO.5 AND MAINTAINED IN THE NOTICE BOOK.
EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 01.02.2025 ISSUED BY RESPONDENT NO. 4 TO RESPONDENT NO. 6 IN NO.34/25. EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 07.02.2025 ISSUED BY RESPONDENT NO.4 TO PETITIONER NO.1 IN NO.39/25. EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 17.02.2025 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO.1.
EXHIBIT P6 A TRUE COPY OF THE NOTICE DATED 17.02.2025 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO.2.
EXHIBIT P7 A TRUE COPY OF THE NOTICE DATED 17.02.2025 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO.3.
EXHIBIT P8 A TRUE COPY OF THE NOTICE DATED 17.02.2025 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO.4.
EXHIBIT P9 A TRUE COPY OF THE NOTICE DATED 17.02.2025 ISSUED BY RESPONDENT NO.3 TO PETITIONER NO.5.
EXHIBIT P10 A TRUE COPY OF THE POSTAL COVER ACCOMPANYING EXT. P5 TO PETITIONER NO.1. EXHIBIT P11 A TRUE COPY OF THE TRACKING RECEIPT EXT.
P10 AS TAKEN FROM THE WEBSITE HTTPS://WWW.INDIAPOST.GOV.IN/_LAYOUTS/15/ DOP.PORTAL.TRACKING/TRACKCONSIGNMENT.ASPX RESPONDENTS EXHIBITS:-
2025:KER:20659 WP(C) NO.7234 OF 2025 10 EXHIBIT R7(a) THE TRUE COPY OF THE WHATS-APP MESSAGE SENT BY THE 10TH RESPONDENT SMT.USHA ON 02/02/2025 TO THE MANAGING COMMITTEE MEMBERS.
EXHIBIT R7(b) THE TRUE COPY OF THE WHATS-APP MESSAGE SENT BY THE 10TH RESPONDENT SMT.USHA TO THE MANAGING COMMITTEE MEMBERS ON 04/02/2025 FOR ADJOURNMENT OF THE MEETING ON 04/02/2025.
EXHIBIT R7(c) THE TRUE COPY OF THE APPLICATION DATED 16/02/2025 SUBMITTED BY THE 2ND APPLICANT BEFORE THE 8TH RESPONDENT AND ITS POSTAL RECEIPT.
EXHIBIT R7(d) THE TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 11TH RESPONDENT BEFORE THE 8TH RESPONDENT ON 20/02/2025. EXHIBIT R7(e) THE TRUE COPY OF THE MASS PETITION DATED 23/02/2025 SUBMITTED BY THE MEMBERS OF THE SOCIETY BEFORE THE 8TH RESPONDENT. EXHIBIT R6(a) THE TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 3RD RESPONDENT ON 20/02/2025. EXHIBIT R6(b) THE TRUE COPY OF THE RESIGNATION LETTER DATED 22/02/2025 AND THE FORWARDING LETTER TO THE 3RD RESPONDENT AND ITS POSTAL RECEIPT.
EXHIBIT R6(c) THE TRUE COPY OF THE COMPLAINT DATED 24/02/2025 SUBMITTED THE 6TH RESPONDENT BEFORE THE 3RD RESPONDENT AND ITS POSTAL RECEIPT.