G.R. AJITH, MELEATTUPURATH VEEDU, AMBALAMUKHU AND OTHERS Vs. T.S. BAIJU, FORMER PRESIDENT, THE POLICE STAFF CO

JUDGEMENT

(1.) This appeal has been filed by respondents 5, 8 and 9 in W.P.(C) No. 20498 of 2012. The writ petition was filed by the first respondent herein, assailing Ext.P15 order issued by the Joint Registrar (General) of Co-operative Society, invoking powers under Section 32(1) of the Kerala Co-operative Societies Act, [for short, 'Act'], and superseding the Managing Committee of the Police Staff Co-operative Society, the first respondent herein, of which the respondents 3 to 6 herein were members. Ext.P15 order was issued in the year 2012 and the first respondent herein filed this writ petition impugning the same on various grounds.

(2.) The matter was heard in detail by a learned Judge of this court, who after assessing the contentions and submissions made before him, delivered the judgment impugned herein allowing the writ petitioner/first respondent herein to invoke the appellate remedy, as is provided under Section 83(1)(j) of the Act and further ordered that even though Sub clause 2 of Section 83 provides for a six months period of limitation, the writ petitioner would be entitled to prefer the appeal notwithstanding such limitation of time.

(3.) The appellants impugn the judgment of the learned single Judge specifically on two grounds, namely, that an appeal under Section 83(1)(j) is not a proper remedy against Ext.P15 order issued under Section 32(1) of the Act, and that, even assuming it to be a remedy available to the writ petitioner, the learned single Judge was in error in allowing him to prefer it beyond the period of time prescribed under Sub-clause (2) of Section 83 of the Act.