Limitation for appeal under the Kerala Co-operative Societies Act is counted from the date of service of the order, regardless of later filing of the physical copy.

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 the date on which the physical copy of the same might have been submitted before the Appellate Authority.

5. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, I am of the opinion that there is considerable merit in the contention taken by the learned counsel appearing for the petitioner that the limitation for filing the appeal under Section 83 (1)(j) of the KCS Act should have been counted only from the date of service of Exhibit P1 order on the petitioner. I am also of the opinion that since the appeal was transmitted by email on 26.08.2025, that date must be taken as the date on which the appeal was filed notwithstanding the fact that the physical copy of the appeal was sent later.

Accordingly, this writ petition is allowed. Exhibit P6 communication is set aside and the Appellate Authority is directed to consider and pass orders on Exhibit P3 appeal, treating the appeal as one filed within time. The application for stay filed in Exhibit P3 appeal shall also be considered on merits, after affording an opportunity of hearing to all affected parties.

Sd/-