IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 1141 of 2010(P) ------------------------- PETITIONER(S): ------------------------ THENNALA SERVICE CO-OP.BANK LIMITED, VAZHAKULAM, MELEKOZHICHENE, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALAPPURAM. GOVERNMENT PLEADER SRI. M.A. ASIF FOR R-1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kp P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 1141 OF 2010 -------------------------- Dated this the 10th day of March, 2011 J U D G M E N T The petitioner is a co-operative society registered under the Kerala Co-operative Socieities Act 1969. This writ petition is filed challenging Ext.P5 order passed by the State Government rejecting Ext.P4 appeal filed by the petitioner from Ext.P2 order passed by the Joint Registrar of Co-operative Societies, Malappuram declining to register an amendment to the byelaws. By the impugned order, the Government rejected the appeal on the ground that it is belated. 2. It is now evident form the materials on record that a copy of Ext.P2 order, declining to register the amendment to the byelaws, was sent to the petitioner society by registered post only on 29.9.2009. Therefore one can safely presume that it was received by the petitioner only on 30.9.2009. Ext.P4 appeal was admittedly received by the Government on 26.11.2009. The Government rejected the said appeal on the ground that it was filed beyond the period of limitation of 60 days prescribed in section 83(2) of the Kerala Co-operative Societies act, 1969. According to the Government the appeal ought to have presented on or before 17.11.2009. The Government took such a stand computing the WPC No.1141/2010 2 period of limitation with reference to the date of the order, namely 19.9.2009. Such a stand according to me cannot be sustained. I have by judgment delivered on 18.1.2010 in W.P.(C) No.34226 of 2009 held after analysis of the case law on point that the words “date of the order” occurring in section 83(2) of the Kerala Co-operative Societies Act must be construed as the date of communication or knowledge, actual or constructive, of the order sought to be appealed against or revised. It has therefore to be necessarily held that the stand taken by the Government in Ext.P5 cannot be sustained. I accordingly allow the writ petition, quash Ext.P5 and direct the Government to entertain Ext.P4 appeal and dispose of the same on the merits after notice to and affording the petitioner an opportunity of being heard. Final orders on Ext.P4 appeal shall be passed expeditiously and in any event within three months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Co-operation Department or the Secretary to Government, Co-operation Department otherwise receives a certified copy of this judgment. P.N.RAVINDRAN, (JUDGE) vps WPC No.1141/2010 3 WPC No.1141/2010 4