IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 23480 of 2009(D) -------------------------- PETITIONER(S): ------------------ V.V.VIJAYARAGHAVAN, S/O.KUNJIKRISHNA WARRIER, SECRETARY, KOOVERI SERVICE CO-OPERATIVE BANK (RETIRED), THRICHAMBARAM, P.O.TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENT(S): ------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.P.O., THIRUVANANTHAPURAM. 3. THE KOOVERI SERVICE CO-OPERATIVE BANK, REPRESENTED BY ITS SECRETARY, P.O.KOOVERI, TALIPARAMBA TALUK, KANNUR DISTRICT. GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 23480 OF 2009 (D) ===================== Dated this the 19th day of August, 2009 J U D G M E N T The challenge in this writ petition is against Exts.P3 and P4. 2. Petitioner worked as the Secretary of the 3rd respondent Society from 2003 till his retirement on 31/3/2009. As he did not have the educational qualification to be promoted to the post of Secretary, the Society passed resolution relaxing the qualification, subject to the approval of the Registrar. By Ext.P3 order dated 20/1/2006, relaxation was granted, but however the same was ordered to be effected from the date of the order. That order was communicated to the petitioner on 3/2/2006. 3. Aggrieved by Ext.P3 to the extent the benefit of relaxation was made with prospective effect, the petitioner filed a revision to the Government on 4/3/2009. The revision was considered and by Ext.P4 order dated 5/5/2009, the revision was rejected. The reason stated is that under Section 87(1) of the Kerala Co-operative Societies Act, the revision ought to have been filed within three months from the date on which order is communicated and that there is no power conferred on the WPC 23480/09 :2 : Government to condone the delay in filing the revision. 4. Going by the relevant statutory provisions, the view taken by the Government in Ext.P4 cannot be said to be illegal. If that be so, the revision admittedly being a belated one was not liable to be entertained. Writ petition therefore fails and is dismissed. ANTONY DOMINIC, JUDGE Rp