High Court Kerala High Court

T.R.Vijayamohanan Nair vs The Honourable Kerala Lok Ayukta on 11 August, 2008

Kerala High Court
T.R.Vijayamohanan Nair vs The Honourable Kerala Lok Ayukta on 11 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24092 of 2008(R)


1. T.R.VIJAYAMOHANAN NAIR
                      ...  Petitioner

                        Vs



1. THE HONOURABLE KERALA LOK AYUKTA
                       ...       Respondent

2. ASSISTANT REGISTRAR (GENERAL)

3. ABRAHAM, S/O.VARGHESE, KALPURACKAL HOUSE

                For Petitioner  :SRI.SATHISH NINAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :11/08/2008

 O R D E R
                        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

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