LAWS(KER)-2020-8-689

MARANALLOOR MILK PRODUCERS CO OPERATIVE SOCIETY LTD. AND ORS. Vs. THE REGISTRAR/DIRECTOR, DIRECTORATE OF DAIRY DEVELOPMENT AND ORS.

Decided On August 10, 2020
Maranalloor Milk Producers Co Operative Society Ltd. And Ors. Appellant
V/S
The Registrar/Director, Directorate Of Dairy Development And Ors. Respondents

JUDGEMENT

(1.) The issue involved in these writ petitions relate to the grant of affiliation to Primary Milk Producers Societies with the Central Society. WP(C) No.10590 of 2020 is filed by few primary societies, seeking assignment of membership numbers to them and to permit them to participate in the general body meeting of the Central Society. They also challenge the legality of the general body meeting which was slated to be held on 03.06.2020. Pending the writ petition, the Registrar/Director of Dairy Development passed an order dated 15.06.2020 directing assignment of affiliation number to 33 primary societies, which include the petitioners in WP(C) No.10590 of 2020. WP(C) No.12760 of 2020 is filed by the Central Society challenging the said order of the Registrar/Director of Dairy Development. "C.R."?

(2.) Heard learned counsel Sri.P.N.Mohanan for the Central Society, the learned Additional Advocate General on behalf of the Director of Dairy Development, Sri.R.T.Pradeep and Sri.M.Sasindran the learned counsel for the primary societies.

(3.) On the complaint of various primary societies, the Registrar/Director of Dairy Development as per order No.C1/4732/2020 dated 15.06.2020, directed the Central Society to assign affiliation number to 33 primary societies. The direction was issued taking into consideration two aspects; firstly, that on facts there was no ground to refuse membership to the primary societies, and secondly, that they are already deemed members in view of the deeming provision under Section 8A(2) of the Co-operative Societies Act since the Central Society did not pass orders on the applications of the primary societies seeking affiliation, within the stipulated period of sixty days from the date of application.