K UNNIKRISHNAN Vs. REVENUE DIVISION OFFICER

JUDGEMENT

(1.) 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 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.