IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 WP(C).No. 6575 of 2009(L) ------------------------- PETITIONER(S): --------------- K.UNNIKRISHNAN, SECRETARY (UNDER SUSPENSION) ANNAMANADA KALIMON VYAVASAYA SAHAKARANA SANGHAM LTD. NO. C IND R.72, MAMBRA P.O., ERAYAMKUDY,TRICHUR -8. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. THE REVENUE DIVISION OFFICER, (SUB DIVISIONAL MAGISTRATE)TRICHUR. 2. THE ANNAMANADA KALIMON VYAVASAYA SAHAKARANA SANGHOM LTD., NO. C. IND-R.72, MAMBRA P.O.,TRICHYUR -8, REPRESENTED BY ITS PRESIDNET. ADV. SRI.DEEPU THANKAN FOR R2 MR.I.V.PRAMOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.6575/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE FIR NO.423 DATED 07/11/2007. P2 : COPY OF THE REPLY DATED 21/11/2007. P3 : COPY OF THE STATEMENT DATED 26/11/2007. P4 : COPY OF THE STATEMENT DATED 04/12/2007. P5 : COPY OF the STATEMENT DATED 26/12/2007. P6 : COPY OF the LETTER NO.1890/98/CO-OP. DATED 08/01/2008. P7 : COPY OF THE REPLY DATED 15/01/2008. P8 : COPY OF THE LETTER DATED 23/02/2008. P9 : COPY OF THE JUDGMENT IN WPC NO.16776/2008 DATED 20/10/2008. P10 : COPY OF the NOTICE NO.B2-10190/08 DATED 04/02/2009. P11 : COPY OF THE PETITION DATED 25/02/2009. P12 : COPY OF the PETITION DATED 26/02/2009. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.6575 of 2009 --------------------------------- Dated, this the 5th day of June, 2009 J U D G M E N T The petitioner was the Secretary of the 2nd respondent Society. In this writ petition, the prayer sought is to direct the 1st respondent to recall the warrant issued against him in pursuance to an application made by the 2nd respondent Society. 2. According to the petitioner, he was placed under suspension by order dated 06/11/2007. It is stated that at that time, he had with him, keys of the office table and all through out, though he was willing to surrender the same to the Society, but was declined to be accepted by the Society. 3. Though these are facts, which are in dispute between the parties, the admitted factual position is that Ext.P8 is an application made by the 2nd respondent Society before the 1st respondent, initiating proceedings under Section 34 of the Co-operative Societies Act, for retrieving the keys and certain files from the petitioner. The petitioner submits that in pursuance to the said WP(C) No.6575/2009 -2- representation, Ext.P10 notice was issued by the 1st respondent calling upon the petitioner to appear before the 1st respondent on 25/02/2009. According to the petitioner, he appeared before the 1st respondent on 25/02/2009, and filed Ext.P11 offering to surrender the keys to the 1st respondent himself. However, he came to know that on 24/02/2009, a warrant was already issued in pursuance to Ext.P8 complaint made by the 2nd respondent Society. It is stated that warrant was ordered without notice or hearing him. On this basis, he filed Ext.P12 requesting the 1st respondent to recall the warrant. Orders were not passed on Ext.P12, and in the meanwhile, Police are chasing him and therefore, the writ petition is filed. 4. At the stage of admission of this writ petition, this Court granted stay of execution of warrant issued against the petitioner, and the position continues even as on date. 5. Admittedly, the warrant was issued without hearing the petitioner. If that be so, the same cannot be sustained. For that reason, the warrant issued by the 1st respondent in proceedings B2- 10190/08 will stand recalled. It is directed that the 1st respondent WP(C) No.6575/2009 -3- shall hear the petitioner and the Society on Ext.P8 application filed by the 2nd respondent Society, and thereafter pass appropriate orders in the matter. Such orders shall be passed as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. 6. The parties agree to appear before the 1st respondent on 15/06/2009 at 10.30 am, and it will be open to the 1st respondent to hear the parties on that date itself or any date thereafter. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg