IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 30226 of 2009(W) -------------------------- PETITIONER(S): --------------- N.P.VARGHESE, NADUKKUDIYIL HOUSE, MEKKADAMPU-PO, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. MR.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM. 4. THE MEKKADAMPU SERVICE CO-OPERATIVE BANK LTD. 4073, MEKKADAMPU, MUVATTUPUZHA. BY SR. GOVERNMENT PLEADER MR.K.C. SNTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 30226 of 2009 ................................................. Dated this the 30th day of October, 2009 J U D G M E N T The petitioner filed Ext.P2 appeal before the 1st respondent, under Section 83 of the Kerala Co-operative Societies Act against the decision of the Registrar refusing to count the annual increment due to the appellant and to grant relaxation from educational qualifications for the purpose of promotion to the next higher post. By Ext.P3 order dated 6.4.2009 the appeal has been dismissed on the ground that the same has been filed beyond the period of limitation prescribed under Section 83. The petitioner challenges Ext.P3 order. According to him, the appeal is within time. The order impugned in the appeal is Ext.P4(c) which is dated 24.11.2008. The petitioner points out that as is clear from Ext.P4 (a) the passing of Ext.P4(c) was communicated to the petitioner only on 18.12.2008. The petitioner filed the appeal on 28.1.2009 which is well within the time prescribed under Section 83, is the contention raised by the petitioner. In view of the said contention, I directed the Government Pleader to get instructions as to when exactly Ext.P4(c) was communicated to the society and the petitioner. Today, the learned Government Pleader submits that W.P(C) No. 30226 of 2009 -2- that order was communicated only on 18.12.2008 and that the petitioner has filed the appeal on 28.1.2009. Therefore appeal is clearly within time. Accordingly, Ext.P3 is quashed and the 1st respondent is directed to consider Ext.P1 appeal filed by the petitioner on merit and pass orders thereon, after affording an opportunity of being heard to the petitioner and the 4th respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE rhs