IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 19687 of 2007(R) -------------------------- PETITIONER(S): -------------------------- PALLIPPURAM PARAMESWARAKURUP, 'SURABHI' K.R.PURAM P.O., PALLIPPURAM, CHERTHALA. BY ADV. SRI.BABU CHERUKARA RESPONDENT(S): ---------------------------- 1. THE SECRETARY(CO-OPERATION) TO GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA. 3. PALLIPPURAM RURAL HOUSING CO-OPERATIVE SOCIETY LTD.A.685, PALLIPPURAM P.O., CHERTHALA, REPRESENTED BY IT'S SECRETARY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19687/2007 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.HM/447/99 DTD. 3/01/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE DECISION OF THE GENERAL BODY OF THE 3RD RESPONDENT DTD. 8/01/2005. EXT.P3: COPY OF THE APPEAL MEMORANDUM DTD. 21/04/2007 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4: COPY OF THE STAY PETITION DTD. 21/04/2007 ...DO...DO..... EXT.P5: COPY OF A/D CARD. EXT.P6: COPY OF THE JUDGMENT IN WP(C) NO.14443 OF 2007 DTD. 8/05/2007 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P7: COPY OF THE ORDER NO.5342/B3/07/CO-OP. DTD.15/05/2007 BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. --------------------------------------------------------------- W.P.(C) NO.19687 OF 2007 (R) ---------------------------------------------------------------- Dated this the 10th day of November, 2008 J U D G M E N T Petitioner challenged Exhibit P1 by filing Exhibit P3 appeal before the Government. That has been rejected as per Exhibit P7 stating that the appeal was filed only on 24-4-2007 and hence it is out of time. The only reason given in Exhibit P7 is that Exhibit P1 order was issued on 3-1-2007 and the appeal was filed only on 24-4-2007. The date of the order for the purpose of an appeal has to be taken as the date of the service of the copy of that order on the person who would be aggrieved by that order. In Exhibit P3 appeal under Section 83(i)J of the Kerala Co- operative Societies Act, 1969, the petitioner has specifically stated in Column I(2) that the order was communicated to him and received by him by registered post on 23-2-2007. This has not been found against Exhibit P4. It is, therefore, reasonable to entertain the appeal filed on 24-4-2007. The petitioner has also a case that the endorsement on Exhibit P5 shows that it was W.P.(C) No.19687/2007 - 2 - delivered on 23-4-2007. Whatever that be, ends of justice is required that Exhibit P3 appeal is taken on file and considered on merits. The rejection on that appeal as per Exhibit P7 is contrary to law and the same is hence, quashed. The first respondent is directed to take up Exhibit P3 appeal and pass fresh orders, in accordance with law. This writ petition is allowed as aforesaid. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/11/11