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Judgment
V. Chitambaresh, J—The peculiar characteristic of a Milk Society cannot be lost sight of while granting exemption under Section 101 of the Kerala Co-operative Societies Act, 1969 (''the Act'' for short). The milk collected by every member has to be measured in the Society at least two times a day without delay lest it gets spoiled. The government in the instant case has taken note of the following aspects while granting exemption from Section 7(1)(c) of the Act to a new Society as per Ext. P10 order.
(i) Ward No. XI of Karode Grama Panchayat is more than 2 kms. away from the Kunniyode Ksheera Vyvasaya Sahakarana Sangham Ltd. necessitating women and children to travel long in order to measure milk.
(ii) Eight other wards namely Ward Nos. XII, XIII, XIV, XV, XVI, XVII, XVIII and XIX of Karode Grama Panchayat falls within the area of operation of Kunniyode Ksheera Vyvasaya Sahakarana Sangham Ltd. which is sufficient to sustain its business.
(iii) Kunniyode Ksheera Vyvasaya Sahakarana Sangham was not inclined to delimit its area excluding Ward No. XI of Karode Grama Panchayat from its area of operation in order to facilitate another Society being formed to cater to the members of Ward No. XI.
(iv) The Diary Extension Officer, Diary Extension Services Unit, Parassala has recommended favourably for the formation of another Society in Ward No. XI of Karode Grama Panchayat in order to cater to the needs of milk producers residing there at.
All the necessary inputs have been considered by the government in granting exemption to Kuzhinjanvila Ksheerolpadaka Sahakarana Sangham in order to form another Milk Society operating from Ward No. XI of Karode Grama Panchayat. The power under Section 101 of the Kerala Cooperative Societies Act to exempt any Society from the provisions of the Act is abundant and the following decisions are apposite.
(i) Feroke Service Co-Operative Bank Ltd. Vs. State of Kerala and Others
(ii) Nachimuthu Vs. State of Kerala, (2011) 1 KLJ 784 : (2011) 1 KLT 651
(iii) Pampady Rural Co-operative Housing Society Vs. Joint Registrar [1986 KLT 921]
There is no necessity to put Kunniyode Ksheera Vyvasaya Sahakarana Sangham Ltd. on notice while granting exemption from the provisions of the Act to another Society {see Karim Kunju Vs. State, (1972) CriLJ 292 }. Much was argued on the basis of Ext. P3 letter of the Deputy Director, Dairy Development to contend that the opening of a new Society will not be conducive to the interest of the petitioner Society. But I find that Ext. P4 report of the Dairy Extension Officer who is a personnel of the Dairy Department of the area has very much recommended for the registration of a new Milk Society. The government cannot be faulted with in relying on Ext. P4 report of the Dairy Extension Officer in granting exemption from the provisions of the Act in order to start a new Society in Ward No. XI of Karode Grama Panchayat. After all eight other wards of Karode Grama Panchayat still continue within the area of operation of the petitioner Society. I am not prepared to hold that the power under Section 101 of the Act has been exercised in a perverse or whimsical manner by the government as to warrant interference under Article 226 of the Constitution of India.
The Writ Petition is dismissed. No costs.