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2026 Supreme(Online)(Ker) 6942

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
K.N. SASIKUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.P.C.SASIDHARAN
For the Respondents: SMT. C.S SHEEJA (GP)

JUDGMENT

Petitioner has approached this Court being aggrieved by the fact Exhibit P3 appeal filed by the petitioner and others before the Government under Section 83 (1)(j) of the Kerala Co-operative Societies Act , 1969 (hereinafter referred to as ‘the KCS Act’) has been rejected as time barred taking into account the fact that the date of the impugned order is 21.06.2025.

2. Learned counsel appearing for the petitioner submits that the order was received by post only on 26.06.2025 and if the limitation is determined from 26.06.2025, the appeal is filed within time.

3. Learned Government Pleader does not dispute the fact that limitation has to be counted from the date on which Exhibit P1 order was served on the petitioner. However, it is submitted that, according to Exhibit P6 communication, the appeal was received only on 01.09.2025, which is beyond the time, even if the date 26.06.2025 is taken as the date from which the limitation will start to run.

4. Learned counsel appearing for the petitioner submits, in reply, that Exhibit P3 appeal was transmitted by email to the Appellate Authority on 26.08.2025 as evidenced by Exhibit P5 and the date 01.09.2025 mentioned in Exhibit P6 is

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