IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN WEDNESDAY, THE 16^TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943 WP(C) NO. 25160 OF 2021 PETITIONERS:

1 SIVASANKARAN,AGED 56 YEARS,S/O. EBHICHUTTY, KARIPURATHU HOUSE, PUTHUKKOD. P.O., KONDOTTY, MALAPPURAM 673 633, PRESIDENT, PERINGAVU KHEROLPADHAKA CO OPERATIVE SOCIETY LTD NO. 198 D. MALAPURAM 673 633.

2 MUHAMMED SHERIFF,AGED 49 YEARS,S/O. AALIKUTTY, MUNDAKKAL HOUSE, VAZHOOR, PERINGAVU, PUTHUKKOD P.O. KONDOTTY, MALAPURAM 673 633.

3 ASHOKAN, AGED 54 YEARS,S/O. CHULANKUTTY, KUZHIKOTTIL HOUSE, VAZHOOR, PERINGAVU, PUTHUKKOD P.O., KONDOTTY, MALAPPURAM 673 633.

4 RAMAN, AGED 84 YEARS,S/O. SHANKARAN @

SHANKARANKUTTY, REDSTAND MANDIR, CHERUKAVU, PUTHUKKOD, P.O. KONDOTTY, MALAPURAM 673 633.

5 SATHYABHAMA, AGED 60 YEARS,W/O. KARUPPUTTY, KARUPATHU HOUSE, VAZHOOR, PERINGAVU, PUTHUKKOD P.O. KONDOTTY, MALAPURAM 673 633.

6 NAFISA, AGED 50 YEARS,W/O. ABDUL AZIZ, PARAKATTIL HOUSE,VAZHOOR, PERINGAVU, PUTHUKKOD P.O. KONDOTTY, MALAPURAM 673 633.

7 SUBAIDHA, AGED 50 YEARS,W/O. SAIDALAVI, CHELATTUPURAKKAL HOUSE, KANNAMVETTIKAVU, CHERUKAVU . KONDOTTY, MALAPURAM 673 633.

BY ADV G.SREEKUMAR (CHELUR)

RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF DAIRY DEVELOPMENT, THIRUVANANTHAPURAM 695 001.

2 DEPUTY DIRECTOR,DEPARTMENT OF DAIRY DEVELOPMENT, CIVIL STATION, MALAPPURAM 676 505. 3 DAIRY DEVELOPMENT OFFICER, DAIRY EXTENSION SERVICE UNIT, MUNDAPALAM, KONDOTTY 673 638.

4 UNNIKRISHNAN M.,S/O. MAMUTTY, VELUTHEDATHUPURAY HOUSE, VAZHOOR, PERINGAVU, PUTHUKKOD P.O., KONDOTTY, MALAPPURAM 673 633.

5 SUDHEER KUMAR, S/O. KARUPATHU VEERABHADRAN, SUDHEER VIHAR, PERINGAVU, PUTHUKKOD, P.O.

KONDOTTY, MALAPURAM 673 633.

ADDL.R6 PERINGAVU KSHEROLPADHAKA CO-OPERATIVE SOCIETY LTD. 198 D, PERINGAVU, PUTHUKKOD, KONDOTTY P.O, MALAPURAM 673 633 REPRESENTED BY ITS ADMINISTRATOR.

ADDL.R7 DAIRY DEVELOPMENT OFFICER, DAIRY EXTENSION SERVICE UNIT, KONDOTTY P.O, MALAPURAM DISTRICT PIN 673 633 SERVING AS PART TIME ADMINISTRATOR, PERINGAVU KSHEROLPADHAKA CO-OPERATIVE SOCIETY LTD.198 D, KONDOTTY P.O, MALAPURAM 673 633.

(ADDLR6 AND R7 ARE IMPLEADED AS PER ORDER DATED

23.03.2022 IN I.A No.1/2022 IN W.P(C)

25160/2021)

BY ADVS.

ADVOCATE GENERAL OFFICE KERALA DEVAPRASANTH.P.J.

ARJUN RAGHAVAN SMT.RESMI.K.M, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Ext P1 order of the 2nd respondent-Deputy Director, appointing an administrator for the Peringavu Ksherolpadhaka Co-operative Society Ltd No.198 D (hereinafter referred to as the ‘Society’) Malappuram, under Section 33 of the Co-operative Societies Act(hereinafter referred to as the ‘Áct’) for lack of quorum of the committee, is under challenge in this Writ Petition.

2. The managing committee of the Society consists of nine members. The petitioners 7 in number and respondents 4 and 5 constituted the committee. The committee assumed office on 07.03.2019. The petitioners allege that respondents 4 and 5 obtained blank signed papers of petitioners 5 to 7, fabricated it as their resignation letters, and submitted it before the 3^rd respondent – Dairy Development Officer on 08.10.2021. On knowing about the fraud played on them, petitioners 5 to 7 intimated the same to the President, who is the 1^st petitioner in the Writ Petition.

3. On 12.10.2021, the 2nd respondent acting on the report of the 3^rd respondent regarding lack of quorum for the committee consequent on resignation of petitioners 5 to 7, and respondents 4 and 5, issued Ext P1 order appointing an administrator. It is challenging the said order that the Writ Petition has been filed.

4. Heard the learned counsel for the parties.

5. As noticed, the averments in the Writ Petition regarding the resignation letters of petitioners 5 to 7 is that, signed blank papers were obtained by respondents 4 and 5 by misleading them. According to the petitioners, on coming to know about the fraud perpetrated at the instance of respondents 4 an