High CourtsSingle Bench(2021) 01 KL CK 0026

Elambulassery Dairy Development Co-Operative Society Ltd vs Director Office Of The Directorate And Ors

High Court Of Kerala · Decided on 4 January 2021

HON’BLE JUDGES
Sunil Thomas, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 20315 Of 2020

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 272 words
1.

The petitioner is a Diary Development Co-operative Society having its area of operation fixed as ward Nos.1, 2 and 3 of Karimpuzha Panchayat. Due to the delimitation process in 2005, the areas of operation of the society was re-fixed as ward Nos.7, 8, 9, 10 and 11 of the Pachayath. The grievance of the petitioner is that a proposal has now been mooted to form yet another diary society with its areas of operation overlapping into the area of the petitioner-society in ward numbers 9 and 10 of the above Panchayath.

2.

Heard the learned Counsel for the petitioner and the learned Government Pleader.

3.

On last occasion, it was submitted that two separate applications were received and they were forwarded to the Diary Extension Officer for assessing the feasibility. Only after obtaining the feasibility report new society would be granted permission. It was submitted that the stage has not reached at that time.

4.

It seems that the same situation as submitted in last occasion continues. If there is any chance of the areas of operation of the applicant Societies overlapping into the area of operation of the petitioner-society, necessarily the petitioner-society is entitled to be heard, since it may affect their interest.

5.

Having considered this, I am inclined to dispose of the writ petition itself with a direction that in the event of reports submitted to the authorities disclose the possibility of overlapping of the areas of operation, further decision on the basis of it shall be taken only after giving a reasonable opportunity to the petitioner herein to be heard.

The writ petition is disposed of accordingly.