Padmanabha Kurup N vs State Of Kerala on 20 December, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37517 of 2010(L)


1. PADMANABHA KURUP N.,
                      ...  Petitioner
2. A.RAMACHANDRAN NAIR,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. KARUMADY MILK PRODUCERS CO-OP.SOCIETY

3. THE PRESIDENT,

4. THE SECRETARY,

                For Petitioner  :SRI.R.SATISH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :20/12/2010

 O R D E R
                          C.T.RAVIKUMAR, J.
                       ----------------------------
                       W.P.(C)No.37517 of 2010
                       ----------------------------
                      Dated 20th December, 2010

                              JUDGMENT

The petitioners are the managing committee members of the

second respondent society. According to the petitioners, Ext.P10

resolution has been passed by the managing committee without notice to

all the members of the committee. That apart, according to them, the

selection process for the purpose of effecting recruitment to the post of

Secretary of the second respondent society has been initiated against the

provisions of the bye-law of the second respondent, the relevant circulars

issued by the Registrar and also against the relevant provisions under

the Kerala Co-operative Societies Act and the Rules. In short, evidently,

the grievance of the petitioners is against Ext.P10 resolution on the

ground that it has been passed without notice to them and in violation of

the bye-law, the relevant circulars and the Kerala Co-operative Societies

Act and the Rules. It is further submitted that based on Ext.P10 the

second respondent has issued Ext.P6 notification calling applications for

appointment to the post of Secretary of the second respondent society. I

am of the considered view that in case the petitioner is aggrieved by

Ext.P10 resolution and the consequential issuance of notification as per

Ext.P6, the petitioner has to approach the competent authority in terms

WP(C).No.37517/2010 2

of Rule 176 of the Kerala Co-operative Societies Rules to rescind

Ext.P10 resolution. Therefore, this writ petition is disposed of reserving

the right of the petitioners to challenge Ext.P10 resolution in accordance

with the provisions under Rule 176 of the Kerala Co-operative Societies

Rules.

Sd/-

C.T.RAVIKUMAR
Judge

TKS

// True copy //

P.S. to Judge