IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 25483 of 2009(O) -------------------------- OS.326/2006 of ADDL.SUB COURT, PALAKKAD .................... PETITIONER(S): --------------- JYOTHILKSHMI, D/O. RAMAKRISHNAN, RESIDING AT KADAPPATH HOUSE, KANNANUR AMSOM, PALAKKAD TALUK. BY ADV. SRI.M.V.PAULOSE RESPONDENT(S): --------------- 1. MUJEEB RAHMAN, S/O. CHALAPPAN ROWTHER, H. NO. 442, VADAKKUMURI, KALMANDAPAM, KUNNANUR AMSOM, PALAKKAD TALUK. 2. MUBARAQUE, S/O. ABDULKAREEM, 31 YEARS, RESIDING AT H. NO. 11/281, KASNNARA STREET, KOPPAM AMSOM, PALAKKAD TALUK. 3. GRISHKUMAR, S/O. NATARAJAN, RESIDING AT H.NO. 16/76, KALMANDAPAM, KANNANNUR AMSOM, PALAKKAD. 4. JYOTHIPRIYA, W/O. BALASUBRAMANIAM, SIVAJI COLONY, COIMBATORE TOWN & TALUK. 5. PADMAVATHI, W/O. RAMAKRISHNAN, KARUPPATH VEEDU, KUNNANUR AMSOM, PALAKKAD TALUK. 6. KANAKADAS, S/O. DO.....DO..... THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.25483 OF 2009 -------------------------- Dated this the 9th day of September 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Call for the records leading to Ext.P1 order of Sub Court, Palakkad. ii) Issue a writ of certiorari or any other writ or order quashing the order of the Palakkad Sub Court in I.A No.2417/2009 in O.S No.326/2006 dated 14/08/2009. iii) Issue a writ of mandamus or any other writ, writ or order or direction, directing the court below to refer the respondents 5 and 6 for a proper Medical Examination. iv) Pass such other orders which may deem fit and proper in the facts and circumstances of the case. W.P.(C).No.25483 OF 2009 Page numbers 2. Petitioner is the plaintiff in O.S No.326 of 2006 on the file of Sub Court, Palakkad. Suit is one for setting aside a registered sale deed and for partition and separate possession, and the respondents are the defendants. The case advanced by the petitioner for the reliefs claimed in the suit was that the defendants 5 and 6 / respondents 5 and 6 are mentally ill persons and exerting undue influence over them the defendants 1 to 4 had fraudulently obtained a registered sale deed in respect of the plaint property. To substantiate her case, the petitioner moved an application for medical examination of respondents 5 and 6 to determine their mental fitness. That application, after hearing both sides, was dismissed by the court below vide Ext.P2 order. Propriety and correctness of Ext.P2 order is challenged in the writ petition invoking the W.P.(C).No.25483 OF 2009 Page numbers supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented with reference to Ext.P2 order, I find notice to the respondents is not necessary and it is dispensed with. No court can order medical examination of an opposite party in a proceeding or suit to ascertain the mental fitness of that person before conducting a preliminary enquiry thereof. Whatever be the merit of the application moved by the petitioners / plaintiffs, medical examination of an opposite party cannot be granted by the court unless it is satisfied that such a course is essential for resolving the controversies involved in the suit. Subjecting a person to medical examination by orders of the court needless to W.P.(C).No.25483 OF 2009 Page numbers point out would amount to an intrusion in the privacy of a person, and without sufficient reason it cannot be resorted to. After going through Ext.P2 order, I find no impropriety or illegality in Ext.P2 order. Writ petition lacks merit, and it is dismissed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv