2025:KER:29903 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 13521 OF 2025 PETITIONER: N. BASURANGAN AGED 74 YEARS S/O. NARAYANAN, MANAGING COMMITTEE MEMBER, THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION, RESIDING AT BHASURA’, MARANALLOORE, P.O. KOOVALASSERY, THIRUVANANTHAPURAM DISTRICT, PIN – 695 512. BY ADVS. P.V.BABY VINEETH P.BABY RESPONDENTS: 1 THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD. NO. T.177 (D) APCOS, KSHEERA BHAVAN, PATTOM,THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, PIN – 695 004. 2 THE DIRECTOR DIARY DEVELOPMENT DEPARTMENT, PATTOM THIRUVANANTHAPURAM, PIN – 695 004. 3 PRINCIPAL SECRETARY ANIMAL HUSBANDRY AND DIARY DEVELOPMENT DEPARTMENT, ROOM NO.505, 5TH FLOOR ANNEX II, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 4 SECRETARY TO DIARY DEVELOPMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. SMT. RESMI THOMAS - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29903 WP(C) NO.13521 OF 2025 2 JUDGMENT The petitioner is a member of the 1st respondent Union. He was arrested on 21.11.2023 in connection with a case registered under the Prevention of Money Laundering Act and was in judicial custody till 21.12.2024. During the said period, he applied for leave from participating in the meetings of the Managing Committee of the 1st respondent. After being enlarged on bail, he submitted Exts.P7 and P8 applications withdrawing his leave and seeking permission to participate in the meetings. However, he was not issued with any notice to participate in the subsequent meetings of the Managing Committee. Therefore, the petitioner 2025:KER:29903 WP(C) NO.13521 OF 2025 3 submitted Ext.P9 representation to the 3rd respondent to issue appropriate direction to enable the petitioner to participate in the meetings of the Managing Committee. The petitioner states that Ext.P9 has been made over to the 4th respondent as can be seen from Ext.P11. The prayer of the petitioner in this writ petition is for a direction to the 4th respondent to consider Ext.P9 after hearing the petitioner and others concerned and pass appropriate orders, within a time frame. 2. Smt.Resmi Thomas, the learned Senior Government Pleader, on instructions, submits that the petitioner has already been removed from the membership of the Managing Committee and another person has been co- 2025:KER:29903 WP(C) NO.13521 OF 2025 4 opted under Section 28(1)(j) of the Kerala Co-operative Societies Act, 1969. Accordingly, it is submitted that, no purpose will be served in the 4th respondent considering Ext.P9. 3. Sri.P.V.Baby, the learned counsel for the petitioner submits that the petitioner is not so far served with any order removing him from the Managing Committee. The learned counsel further submits that since Ext.P9 is pending before the 4th respondent, the 4th respondent has a duty to consider the same in accordance with law. 4. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be direction to the 4th respondent to consider Ext.P9 in accordance with 2025:KER:29903 WP(C) NO.13521 OF 2025 5 law, with notice to the petitioner and any other interested/affected person, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. It is made clear that, this Court has not considered the maintainability or the merits of Ext.P9. The writ petition is disposed of with the above direction. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:29903 WP(C) NO.13521 OF 2025 6 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 A TRUE PHOTO COPY OF THE APPLICATION DATED 18/12/2024 SEND UNDER REGISTERED POST WITH A/D TO THE 1ST RESPONDENT. EXHIBIT P2 TRUE PHOTOCOPY OF THE APPLICATION DATED 18/12/2024 SEND UNDER REGISTERED POST WITH A/D TO THE 2ND RESPONDENT. EXHIBIT P3 A TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGMENT CARD SEND BY THE SUPERINTENDENT OF POLICE, CENTRAL PRISON, VIYYUR, THRISSUR. EXHIBIT P4 A TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGMENT CARD SEND BY THE SUPERINTENDENT OF POLICE, CENTRAL PRISON, VIYYUR, THRISSUR ADDRESS TO THE 2ND RESPONDENT. EXHIBIT P5 A TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGMENT CARD SEND BY THE SUPERINTENDENT OF POLICE, CENTRAL PRISON, VIYYUR THRISSUR ADDRESS TO THE 1ST RESPONDENT. EXHIBIT P6 A TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGMENT CARD SEND BY THE SUPERINTENDENT OF POLICE, CENTRAL PRISON, VIYYUR, THRISSUR ADDRESS TO THE 2ND RESPONDENT. EXHIBIT P7 A TRUE PHOTOCOPY OF THE APPLICATION DATED 24/1/2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P8 A TRUE PHOTOCOPY OF THE APPLICATION DATED 22/1/2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P9 A TRUE PHOTOCOPY OF THE SAID REPRESENTATION DATED 12/2/2025 SEND UNDER REGISTERED POST WITH A/D TO THE 3RD RESPONDENT. EXHIBIT P10 A TRUE PHOTOCOPY OF THE POSTAL 2025:KER:29903 WP(C) NO.13521 OF 2025 7 ACKNOWLEDGMENT CARD SIGNED BY THE 3RD RESPONDENT ON 14/2/2025. EXHIBIT P11 A TRUE PHOTOCOPY OF THE SAID INTIMATION DATED 25/2/2025 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT RESPONDENT S EXHIBITS: - NIL.