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Judgment
Kurian Joseph
The petitioner''s grievance is that Ext.P9 revision petition and other connected revision petitions were not entertained by the first respondent Tribunal for want of proper authorisation. It is the case of the petitioner that he has been representing the parties as duly authorised under Rule 99(2) of the Kerala Co-operative Societies Rules and the very same Tribunal has passed orders as can be seen from Exts.P2, P3, P5 etc. Rule 99(2) of the Rules reads as follows:
(2) Where an appeal or application is signed and presented by an agent or pleader it shall be accompanied by a letter of authority or Vakalat, appointing him as such and duly signed by the appellant or the applicant, as the case may be.
The statutory provision is clear and unambiguous indicating that a person is entitled to be an agent to sign and present an appeal or an application before the Tribunal in case the same is accompanied by a letter of authority appointing him as such and duly signed by the appellant or applicant as the case may be. Therefore, what the Tribunal should consider at the time of presentation is only whether there is a letter of authority appointing the agent to present the mailer and which is duly signed by the appellant or applicant. In the absence of a prescribed form, once the agent is able to satisfy the Tribunal that there is a letter of authority duly signed by the appellant or applicant, as the case may be, the Tribunal is bound to entertain the application or appeal. Since presentation through the agent is permitted before the Tribunal in the case of application and appeal, there is no reason why an agent duly authorised should not be permitted to present a revision petition. In the above circumstances, there will be a direction to the first respondent Tribunal to take up for consideration revision petition Nos. 157 to 160 as and when presented by the petitioner, in case there is a letter of authority authorising the petitioner as required under Rule 99(2) of the Kerala Co-operative Societies Rules.
The petitioner will produce a copy of this judgment along with a copy of the Original Petition before the first respondent.
Original Petition is disposed of as above.