IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 1783 of 2010() ----------------------------------- PETITIONER(S): ------------------------ SOBHANA K, LIFELINE, ERVIMANGALAM PO, PERITHALMANNA, MALAPPURAM DISTRICT. BY ADVS.MR.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): -------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GEN) MALAPPURAM. 2. THE PERINTHALMANNA TALUK CO.OPERATIVE SOCIETY LTD, NO.M-358, REPRESENTED BY ITS SECRETARY, PERINTHALMANNA, MALAPPURAM. R1 BY SR. GOVT. PLEADER MR.K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.1783 of 2010 ---------------------------- Dated 19th January, 2010 JUDGMENT Ext.P3 order passed by the Joint Registrar of Co-operative Societies (General), Malappuram on 19.11.2009 and communicated to the petitioner by registered post acknowledgment due is under challenge in this writ petition. 2. Under section 83(1)(j) of the Kerala Co-operative Societies Act, an appeal lies from the said order to the State Government. I am therefore of the opinion that the petitioner should avail the appellate remedy available to her instead of seeking the intervention of this Court at this stage. Under sub-section (2) of section 83 of the Kerala Co-operative Societies Act, such appeal has to be filed within 60 days from the date of the order or decision. Under rule 124 of the Kerala Co-operative Societies Rules, an appeal under sub-section (2) of section 83 has to be accompanied by the original or a certified copy of the order appealed against. This Court has interpreting a similar provision held in Varghese v. R.T.A., Malappuram (1984 K.L.T 991) that the period of limitation has to be determined from the date on which a copy of the order is communicated to the appellant. WP(C).No.1783/2010 2 I accordingly dispose of this writ petition with a direction that in the event of the petitioner filing an appeal under section 83(1) (j) of the Kerala Co-operative Societies Act within 60 days from the date on which the petitioner received the original of Ext.P3 which admittedly was sent to her by registered post acknowledgment due, the Government shall consider the same on the merits and take a decision thereon after affording the petitioner and the second respondent a reasonable opportunity of being heard. The petitioner shall in order to enable the Government to act as directed above, state in the appeal the date on which the original of Ext.P3 was served on her by registered post. In the event of an appeal being filed within 60 days from the date of communication of the order, the Government shall pass final orders in the matter within four months from the date of receipt of the appeal. P.N.RAVINDRAN Judge TKS