THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION Vs. DIRECTOR DAIRY DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) The petitioner, namely, Thiruvananthapuram Regional Cooperative Milk Producers Union, which is a Society registered under the Kerala Co-operative Societies Act, 1969 and the Rules made thereunder has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 Circular No.13/2016 dated 22.08.2016 issued by the respondent Director of Dairy Development and Ext.P3 order dated 03.11.2016 of the said respondent, whereby the petitioner is informed that constitution of sub committees is improper and as such, no sub committees can be constituted contrary to the bye-laws of the petitioner Union. The petitioner has also sought for a declaration that the respondent has no power under sub-section (5) of Section 66 of the Kerala Co-operative Societies Act to issue Ext.P1 circular and Ext.P3 order directing to scrap the sub committees provided by the bye-laws of the petitioner Union.

(2.) On 25.01.2017, when this writ petition came up for admission, this Court admitted the matter on file and issued urgent notice to the respondent. This Court granted an interim stay of Ext.P3 order dated 03.11.2016 of the respondent, as prayed for, and the said interim order is still in force.

(3.) A counter affidavit has been filed by the respondent, on 22.02.2017, opposing the reliefs sought for in this writ petition. Along with the said counter affidavit, the relevant extracts of the bye-laws of the petitioner Union are placed on record as Ext.R(a) and Ext.R(b). The 1st respondent has also filed an additional counter affidavit dated 24.05.2018 producing therewith a copy of letter dated 12.01.2018 of the National Dairy Development Board as Ext.R1(d) and a copy of letter dated 19.03.2018 of the Managing Director in-charge of Malabar Regional Co-operative Milk Producers' Union Ltd. as Ext.R1(e).