Mohan M.S. vs Deputy Director of Dairy Development Office of Deputy Director of Dairy Development Thiruvananthapuram, Keezhummakam Diary Producers Co-oprative Society Ltd. and F. Joy

K. Surendra Mohan, J.—The petitioner, president of the second respondent society has filed this writ petition challenging Exts. P5 and P6 proceedings of the first respondent. As per Ext. P5, a resolution of the society has been set aside by the first respondent in exercise of the power under Rule 176 of the Kerala Co-operative Societies Rules, 969 (hereinafter referred to as ''the rules'' for short). The contention of the petitioner is that the first respondent does not have the power to rescind a resolution, under Rule 176. Since the direction in Ext. P5 was not complied with, proceedings u/s 32 of the Kerala Cooperative Societies Act, 1969 (hereinafter referred to as ''the Act'' for short) have been initiated against the petitioner and others. The petitioner was directed to appear before the first respondent on 04.01.2013 at 11.30 A.M. According to the learned Government Pleader, Ext. P5 is an order appeal able u/s 83(1)(j) of the Act. Ext. P6 is not a final order and the proceedings are only under contemplation. Though the petitioner had been directed to appear in person on 04.01.2013, he had not appeared, it is contended. The above contention is disputed by the counsel for the petitioner who submits that the petitioner had appeared through counsel and had sought time.

Heard. Since Ext. P5 is appealable u/s 83(1)(j) of the Act, I am not inclined to admit this writ petition. It shall be open to the petitioner to challenge Ext. P5 urging all grounds, including lack of jurisdiction to issue the same in appeal. With respect to the proceedings initiated as per Ext. P6, it shall be open to the petitioner to appear in person, show cause against the proposed action and to participate in the said proceedings.

In view of the above, this writ petition is dismissed relegating the petitioner to his statutory remedy u/s 83(1)(j) of the Act. The petitioner seeks permission to appear before the first respondent and to show cause against Ext. P6. I am satisfied that this request can be granted. Therefore, it is directed that, the petitioner shall appear in person before the first respondent on 14.01.2013 at 11.30 A.M. and submit his objections to the action proposed against him as per Ext. P6. The first respondent shall be at liberty to proceed further in the matter, after considering the objections of the petitioner. In the event of the petitioner not submitting his objections in compliance with the above direction, the first respondent would be free to proceed in the matter in accordance with law.