IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 24092 of 2008(R) -------------------------- PETITIONER: ---------------- T.R.VIJAYAMOHANAN NAIR SECRETARY, ,MUVATTUPUZHA-KOTHAMANGALAM PRIMARY CO.OP.AGRL.AND RURAL DEVELOPMENT BANK LTD.4389 HEAD OFFICE, MUVATTUPUZHA, ERNAKULAM. BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW RESPONDENTS: ------------- 1. THE HONOURABLE KERALA LOK AYUKTA O/O. THE KERALA LOK AYUKTA LEGISLATURE COMPLEX, VIKAS BHAVAN PO., THIRUVANANTHAPURAM-23. 2. ASSISTANT REGISTRAR (GENERAL) CO.OP.DEPARTMENT, MUVATTUPUZHA, ERNAKULAM. 3. ABRAHAM, S/O.VARGHESE, KALPURACKAL HOUSE RANDARKARA, RANDAR PO., MUVATTUPUZHA,ERNAKULAM. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.24092 OF 2008 ---------------------------------------- Dated this the 11th day of August, 2008 JUDGMENT The petitioner is aggrieved by the arrest warrant issued by the Lok Ayukta for failing to file statement on or before 30.6.2008 in complaint No.2320/2007 pending before it as directed. The petitioner's contention is that the petitioner had in fact sent the statement by post, which was received by the Lok Ayukta on 30.6.2008 and therefore to issue warrant of arrest on the ground that the petitioner did not file the statement before 30.6.2008, is under a mistake of fact. 2. I am of opinion that the petitioner should raise this contention before the Lok Ayukta itself. The petitioner points out that the petitioner has already filed Ext.P5 before the Lok Ayukta tendering unconditional apology for his conduct. In the above circumstances, the writ petition is disposed of with a direction to the petitioner to appear before the Lok Ayukta on 22.8.2008, when the complaint is stated to be posted for further proceedings on which date the Lok Ayukta shall consider W.P.(c)No.24092/08 2 whether it is necessary to implement the warrant of arrest against the petitioner. Till then the petitioner shall not be arrested. S. SIRI JAGAN, JUDGE Acd