Kerala High Court
Susheela Devi vs State Of Kerala on 7 October, 2022
Author: T.R. Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 18264 OF 2022
PETITIONERS:
1 SUSHEELA DEVI
D/O KRISHNA KURUP, AGED 62 YEARS,
MEMBER NO. 215,
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU EAST,
KOLLAM- 690561
2 GOPI PILLAI
AGED 63 YEARS, S/O KOCHU RAMAN NAIR,
MEMBER NO. 302,
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU EAST, KOLLAM- 690561
3 ANIL KUMAR
AGED 40 YEARS, S/O ANANDHAN K.,
MEMBER NO. 496,
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU EAST, KOLLAM- 690561
4 K. GANESHAN
AGED 85 YEARS, S/O ANANDHAN K.,
MEMBER NO. 287,
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU EAST,
KOLLAM- 690561
BY ADVS.
N.ANAND
RAJESH O.N.
RESPONDENTS:
1 STATE OF KERALA
DEPARTMENT OF AGRICULTURE, SECRETARIAT,
THIRUVANANTHAPURAM- 695001
REPRESENTED BY ITS SECRETARY
WP(C) NO. 18264 OF 2022 & Connected Cases
2
2 THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT
DAIRY DEVELOPMENT DEPARTMENT
ST.MARY'S BUILDING, CASHEW STREET
KOLLAM - 691001
3 DAIRY EXTENSION OFFICER
DAIRY EXTENSION SERVICE UNIT,
BLOCK PANCHAYATH BUILDING,
PORUVAZHI P.O., SASTHAMCOTTAH
KOLLAM - 690520
4 PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS
PARAKADAVU P.O., SOORANADU NORTH,
KOLLAM- 690561
REPRESENTED BY ITS SECRETARY
5 PONNAPPAN
MEMBERHIP NO. 134
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D)APCOS,
PARAKADAVU P.O., SOORANADU NORTH, KOLLAM-690561
RESIDING AT:
MUNDAYANIKKAL, PATHIRIKKAL.
PARAKADAVU P.O., SOORANADU NORTH, KOLLAM- 690561
6 K. CHANDRAN NAIR
MEMBERHIP NO. 264
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU NORTH, KOLLAM- 690561
RESIDING AT:
KALAYAKKATU POOMANAN THARA
PATHIRIKKAL, PARAKADAVU P.O.,
SOORANADU NORTH, KOLLAM- 690561
7 SREELATHA
MEMBERHIP NO.477
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS, PARAKADAVU P.O.,
SOORANADU NORTH, KOLLAM-690561
RESIDING AT:
VIJAYASADANAM, EDAPPANAYAM,
PARAKADAVU P.O., SOORANADU NORTH,
KOLLAM - 690561
WP(C) NO. 18264 OF 2022 & Connected Cases
3
8 N. RAJESH
MEMBERHIP NO. 464
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS, PARAKADAVU P.O.,
SOORANADU NORTH, KOLLAM-690561
RESIDING AT:
RAJESH BHAVAN, EDAPPANAYAM,
PARAKADAVU P.O., SOORANADU NORTH,
KOLLAM - 690561
9 R. BINDU
MEMBERHIP NO. 505
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS, PARAKADAVU P.O.,
SOORANADU NORTH, KOLLAM-690561
RESIDING AT:
KOZHINADU, EDAPPANAYAM,
PARAKADAVU P.O., SOORANADU NORTH, KOLLAM - 690561
10 THE ADMINISTRATOR
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA
SANGHOM NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU NORTH, KOLLAM - 690561
BY ADVS.
V.M.KRISHNAKUMAR
MAYA M.
SRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
SRI.JAFAR KHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.10.2022, ALONG WITH WP(C).16703/2022, 18156/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18264 OF 2022 & Connected Cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 16703 OF 2022
PETITIONER:
SASIDHARAN PILLAI B
S/O BHASKARAN PILLAI, AGED 72 YEARS
MEMBER NO. 523,
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU NORTH,
KOLLAM - 690561
BY ADV N.ANAND
RESPONDENTS:
1 STATE OF KERALA
DEPARTMENT OF AGRICULTURE
SECRETARIAT,
THIRUVANANTHAPURAM- 695001
REPRESENTED BY ITS SECRETARY
2 THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT
DEPARTMENT OF DAIRY DEVELOPMENT
ST.MARY'S BUILDING, CASHEW STREET
KOLLAM - 691001
3 DAIRY EXTENSION OFFICER
DAIRY EXTENSION SERVICE UNIT,
BLOCK PANCHAYATH BUILDING,
PORUVAZHI P.O., SASTHAMCOTTAH
KOLLAM - 690520
4 PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS
PARAKADAVU P.O., SOORANADU NORTH,
KOLLAM - 695061
REPRESENTED BY ITS SECRETARY
WP(C) NO. 18264 OF 2022 & Connected Cases
5
5 THE MANAGING COMMITTEE
PATHIRIKKAL KSHEEROLPADAKA SAHAKARNA SANGHOM
NO. Q 287 (D) APCOS,
PARAKADAVU P.O., SOORANADU NORTH,
KOLLAM- 690561
REPRESENTED BY ITS PRESIDENT
6 THE STATE CO-OPERATIVE ELECTION COMMISSION
III FLOOR, CO - BANKTOWERS, PALAYAM,
VIKAS BHAVAN P.O.
THIRUVANANTHAPURAM- 695033
REPRESENTED BY ITS SECRETARY
7 ADDL. R7.V.PONNAPPAN
MEMBERSHIP NO. 134, PATHIRIKKAL KSHEEROLPADAKA
SAHAKARNA SANGHOM NO. Q 287(D) APCOS,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561,
RESIDING AT MUNDAYANIKKAL, PATHIRIKKAL,
PARAKADAVU.P.O., SOORANADY NORTH, KOLLAM-690561.
8 ADDL. R8. K.CHANDRAN NAIR
MEMBERSHIP NO. 264, PATHIRIKKAL KSHEEROLPADAKA
SAHAKARNA SANGHOM NO. Q 287(D) APCOS,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561
RESIDING AT KALAYAKKATU POOMANAN THARA,
PATHIRIKKAL, PARAKADAVU.P.O., SOORANADU NORTH,
KOLLAM-690561.
9 ADDL. R9.SREELATHA
MEMBERSHIP NO. 477, PATHIRIKKAL KSHEEROLPADAKA
SAHAKARNA SANGHOM NO. Q 287(D) APCOS,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561,
RESIDING AT VIJAYASADANAM, EDAPPANAYAM,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561.
10 ADDL. R10. N.RAJESH
MEMBERSHIP NO. 464, PATHIRIKKAL KSHEEROLPADAKA
SAHAKARNA SANGHOM NO. Q 287(D) APCOS,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561,
RESIDING AT RAJESH BHAVAN, EDAPPANAYAM,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561.
11 ADDL. R11.R.BINDU
MEMBERSHIP NO. 505, PATHIRIKKAL KSHEEROLPADAKA
SAHAKARNA SANGHOM NO. Q 287(D) APCOS,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561,
WP(C) NO. 18264 OF 2022 & Connected Cases
6
RESIDING AT KOZHINADU, EDAPPANAYAM,
PARAKADAVU.P.O., SOORANADU NORTH, KOLLAM-690561.
(ADDL. R7 TO R11 IMPLEADED AS PER ORDER DATED
14-06-2022 IN IA NO.1/2022).
BY ADVS.
V.M.KRISHNAKUMAR
MAYA M.
R.LAKSHMI NARAYAN
SRI.JAFAR KHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.10.2022, ALONG WITH WP(C).18264/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18264 OF 2022 & Connected Cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 18156 OF 2022
PETITIONER:
SMT. B.SUSEELA DEVI, AGED 63 YEARS
W/O RADHAKRISHNA KURUP, R.S.SADANAM, EDAPPANAYAM,
PARAKKADAVU P.O., SOORANADU NORTH, KOLLAM DISTRICT
PIN-690561. (PRESIDENT, PATHIRICKAL KSHEEROLPADAKA
SAHAKARANA SANGHAM LTD NO.Q 287(D), APCOS,
PARAKADAVU P.O., KOLLAM DT)
BY ADVS.
K.S.MOHAMED HASHIM
MATHEWS VALSALAN
M.R.SIVAN
RESPONDENTS:
1 THE DEPUTY DIRECTOR, DAIRY DEVELOPMENT,
KOLLAM DISTRICT, MUNDAKKAL, KOLLAM P.O, PIN.691001.
2 DAIRY EXTENSION OFFICER,
DAIRY DEVELOPMENT DEPARTMENT, SASTHAMCOTTA,
SASTHAMCOTTA P.O,KOLLAM DISTRICT, PIN - 690520.
3 PATHIRICKAL KSHEEROLPADAKA SAHAKARANA SANGHAM LTD.
NO.Q 287(D), APCOS, PARAKADAVU P.O., SOORANADU
NORTH, KOLLAM DT., PIN-690561, REPRESENTED BY ITS
SECRETARY.
4 KERALA STATE CO-OPERATIVE ELECTION COMMISSION
CO-BANK TOWER, VIKASBHAVAN P.O, THIRUVANANTHAPURAM,
PIN-695033
BY ADVS.
R.LAKSHMI NARAYAN, SRI.JAFAR KHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.10.2022, ALONG WITH WP(C).18264/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18264 OF 2022 & Connected Cases
8
T.R. RAVI, J.
--------------------------------------------
WP(C) Nos.18264/2022, 16703/2022, 18156/2022
--------------------------------------------
Dated this the 07th day of October, 2022
JUDGMENT
The three writ petitions relate to the administration of the Pathirikkal Ksheerolpadaka Sahakarna Sanghom. The Society is presently under the management of part-time Administrator, whose term has been extended for a period of six months from 03.09.2022. The elections are long overdue and the grievance of the petitioners is that the management by the Administrator is being continued without taking any effort to conduct the election. Even though there are several other contentions which have been raised and a prayer for appointment of an Administrative Committee including the petitioners, I do not think such orders are called for at this stage and all that would be required in the interest of Justice is to ensure that an election is conducted at the earliest and a democratically elected board comes into power.
2. The Government Pleader was directed to get instructions regarding the time that would be required for conducting the election. It is submitted on instructions that an audit of the Society is pending for the past two years and the WP(C) NO. 18264 OF 2022 & Connected Cases 9 part-time Administrator has initiated steps to get the Society's accounts audited. On the above reason, it is prayed that the elections can be held in six months' time, by which time the audit can also be completed.
3. The counsel for the petitioners submitted that six months time is not really required for conducting an election and going by the statute an election can be conducted within 33 days. The request for a period of six months, in my opinion, is not justified. Conduct of audit has nothing to do with election to the office bearers. If an audit has been initiated by the part-time Administrator, there is no reason to think that an elected body which comes into power later will decide to do away with the audit.
In such circumstances, these writ petitions are disposed of, directing the part-time Administrator to pass a resolution regarding the conduct of the election within one week from the date of receipt of a copy of this judgment and forward the same to the Election Commission. The process of the election shall be completed within three months from today, so that by the end of three months an elected body can come into power.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 18264 OF 2022 & Connected Cases 10 APPENDIX OF WP(C) 18264/2022 PETITIONERS' EXHIBITS Exhibit-P1 TRUE COPY OF MINUTES DATED 04.07.2017 ADOPTED BY MANAGING COMMITTEE OF RESPONDENT NO.4.
Exhibit-P2 TRUE COPY OF THE KERALA CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2021 AS PUBLISHED IN THE KERALA GAZETTE NOTIFICATION DATED 14.11.2021 IN NO. 3110/LEG.H2/2021/LAW.
Exhibit-P3 TRUE COPY OF THE RESOLUTION DATED 25.04.2022 ADOPTED BY THE MANAGING COMMITTEE OF RESPONDENT NO.4 SOCIETY. Exhibit-P4 TRUE COPY OF THE COMMUNICATION DATED NIL ADDRESSED BY RESPONDENT NO.4 TO RESPONDENT NO.3.
Exhibit-P5 TRUE COPY OF THE PROFORMA DATED 05.05.2022 SUBMITTED BY RESPONDENT NO.4 TO THE STATE CO-OPERATIVE ELECTION COMMISSION.
Exhibit-P6 TRUE COPY OF THE CHALLAN DATED 27.04.2022 EVIDENCING THE PAYMENT OF RS.1,000/- BY RESPONDENT NO.4.
Exhibit-P7 TRUE COPY OF THE UNDATED COMMUNICATION ISSUED BY RESPONDENT NO.4 TO THE STATE CO-OPERATIVE ELECTION COMMISSION. Exhibit-P8 TRUE COPY OF THE COMMUNICATION DATED 07.05.2022 ISSUED BY RESPONDENT NO.2 TO PETITIONER NO.2.
Exhibit-P9 POSTAL COVER OF EXT.P8 LETTER. Exhibit-P10 TRUE COPY OF THE TRACKING RECEIPT PRINTED FROMHTTPS://WWW.INDIAPOST.GOV.IN/_LAYOUTS /15/DOP.PORTAL.TRACKING/TRACKCONSIGNMENT. ASPX.
WP(C) NO. 18264 OF 2022 & Connected Cases 11 Exhibit-P11 TRUE COPY OF THE REPLY DATED 16.05.2022 ISSUED BY PETITIONER NO.3 TO RESPONDENT NO.2.
Exhibit-P12 TRUE COPY OF THE POSTAL RECEIPT DATED 17.05.2022.
Exhibit-P13 TRUE COPY OF THE TRACKING RECEIPT OF EXT.P11.
Exhibit-P14 TRUE COPY OF THE ORDER DATED 16.05.2022 PASSED BY RESPONDENT NO.2 IN NO. A5/1517/2022.
Exhibit-P15 TRUE COPY OF THE JUDGMENT DATED 06.07.2017 PASSED BY THIS HON'BLE COURT IN W.A. NO. 1410 OF 2017.
Exhibit-P16 TRUE COPY OF THE ORDER DATED 03.06.2022 PASSED BY RESPONDENT NO.2.
EXHIBIT-P17 TRUE COPY OF THE MINUTES BOOK OF THE SOCIETY DATED 25.04.2022.
RESPONDENTS' EXHIBITS Exhibit R1(A) TRUE COPY OF THE COMPLAINT SUBMITTED BY THE MEMBERS OF THE MANAGING COMMITTEE DATED 04.05.2022.
Exhibit R1(B) TRUE COPY OF THE COMPLAINT TENDERED BY THE SECRETARY DATED 05.05.2022.
Exhibit R1(C) TRUE COPY OF THE STATEMENTS RECORDED BY THE DAIRY EXTENSION OFFICER DATED 06.05.2022.
Exhibit R1(D) TRUE COPY OF THE REPORT SUBMITTED BY THE DAIRY EXTENSTION OFFICER TO THE DEPUTY DIRECTOR DATED 07.05.2022.
Exhibit R1(E) TRUE COPY OF THE JUDGMENT DATED 20.05.2022 IN W.P.(C) NO.15855/2022.
Exhibit R1(F) TRUE COPY OF THE REPLY GIVEN BY SMT.SUSEELA DEVI DATED 20.05.2022. WP(C) NO. 18264 OF 2022 & Connected Cases 12 APPENDIX OF WP(C) 16703/2022 PETITIONER'S EXHIBITS Exhibit-P1 TRUE COPY OF MINUTES DATED 04.07.2017 ADOPTED BY THE 5TH RESPONDENT MANAGING COMMITTEE.
Exhibit-P2 TRUE COPY OF THE KERALA CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2021 AS PUBLISHED IN THE KERALA GAZETTE NOTIFICATION DATED 14.11.2021 IN NO. 3110/LEG.H2/2021/LAW.
Exhibit-P3 TRUE COPY OF THE COMMUNICATION DATED 27.04.2022 ISSUED BY RESPONDENT NO. 3 TO RESPONDENTS 4 & 5.
Exhibit-P4 TRUE COPY OF THE RESOLUTION DATED 25.04.2022 ADOPTED BY THE 5TH RESPONDENT COMMITTEE.
Exhibit-P5 TRUE COPY OF THE COMMUNICATION DATED NIL ADDRESSED BY RESPONDENT NO. 4 TO RESPONDENT NO. 3.
Exhibit-P6 TRUE COPY OF THE PROFORMA DATED 05.05.2022 SUBMITTED BY RESPONDENT NO. 4 TO RESPONDENT NO. 6.
Exhibit-P7 TRUE COPY OF THE CHALLAN DATED 27.04.2022 EVIDENCING THE PAYMENT OF RS.1,000/- BY RESPONDENT NO. 4.
Exhibit-P8 TRUE COPY OF THE UNDATED COMMUNICATION ISSUED BY RESPONDENT NO. 4 TO RESPONDENT NO. 6.
Exhibit-P9 TRUE COPY OF THE ORDER DATED 16.05.2022 PASSED BY RESPONDENT NO. 2 IN NO. A5/1517/2022.
WP(C) NO. 18264 OF 2022 & Connected Cases 13 RESPONDENTS' EXHIBITS Exhibit R1(A) TRUE COPY OF THE COMPLAINT SUBMITTED BY THE MEMBERS OF THE MANAGING COMMITTEE DATED 04.05.2022.
Exhibit R1(B) TRUE COPY OF THE COMPLAINT TENDERED BY THE SECRETARY DATED 05.05.2022. Exhibit R1(C) TRUE COPY OF THE STATEMENTS RECORDED BY THE DAIRY EXTENSION OFFICER DATED 06.05.2022.
Exhibit R1(D) TRUE COPY OF THE REPORT SUBMITTED BY THE DAIRY EXTENSTION OFFICER TO THE DEPUTY DIRECTOR DATED 07.05.2022.
Exhibit R1(E) TRUE COPY OF THE JUDGMENT DATED 20.05.2022 IN W.P.(C) NO.15855/2022. Exhibit R1(F) TRUE COPY OF THE REPLY GIVEN BY SMT.SUSEELA DEVI DATED 20.05.2022. WP(C) NO. 18264 OF 2022 & Connected Cases 14 APPENDIX OF WP(C) 18156/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE COVERING LETTER ALONG WITH THE RESOLUTION NO. DATED 25-04-2022 WITH NECESSARY DOCUMENT SUBMITTED TO THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 07-05-2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
Exhibit P3 TRUE COPY OF THE ORDER DATED 16-05-2022 ISSUED BY THE 1ST RESPONDENT DATED 16-05-2022.
RESPONDENTS' EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE COMPLAINT SUBMITTED BY THE MEMBERS OF THE MANAGING COMMITTEE DATED 04.05.2022.
EXHIBIT R1(b) TRUE COPY OF THE COMPLIANT TENDERED BY THE SECRETARY DATED 05.05.2022. Exhibit R1(c) TRUE COPY OF THE STATEMENTS RECORDED BY THE DAIRY EXTENSION OFFICER DATED 06.05.2022.
EXHIBIT R1(d) TRUE COPY OF THE REPORT SUBMITTED BY THE DAIRY EXTENSION OFFICER TO THE DEPUTY DIRECTOR DATED 07.05.2022.14 EXHIBIT R1(e) TRUE COPY OF THE JUDGMENT DATED 20.05.2022 IN WP(C) NO.15855/2022. EXHIBIT R1(f) TRUE COPY OF THE REPLY GIVEN BY SMT.
SUSEELA DEVI DATED 20.05.2022.