IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 W.P(C).No. 34607 of 2008(T) ------------------------------------ PETITIONER : -------------------- HAMDULLA HANEEF, S/O.HANEEF SAIT, THAIPPARAMBIL HOUSE, CIVIL STATION WARD, ALAPPUZHA. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENT : ---------------------- SUNIL DUTT, S/O.PALANIYAPPAN, LEELA NIVAS, MULLACKAL, ALAPPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------------- W.P(c).No. 34607 of 2008 --------------------------------- Dated this the 27th day of November, 2008 JUDGMENT Affidavit is filed as ordered swearing that Witness No.3 in Exhibit P3 list, Shri. T. Viswanatha Pillai is presently not at Alappuzha for sometime, but that his family members are staying at his permanent address. Counsel submits that the said witness being not available can be given up. Witness No.4 in Exhibit P3 list is Sri. M.P. Unnikrishnan and the petitioner has sworn that the said witness is presently employed at the respondent's brother's jewellery shop at Mullackal in Alappuzha and that he is residing at his permanent address furnished with the members of his family. The permanent address of the 4th witness is not furnished in the affidavit. The report of the Process Server shows however that witness No.4 has no residence in the address furnished in Exhibit P3. However, in as much as witness No.4 is sworn to be presently employed at the respondent's brother's jewellery at Mullakkal though without mentioning the name of the jewelery, I direct the court below to cause affidavit being filed by the petitioner swearing to the present correct residential address of the 4th witness as also the name of W.P(c).No. 34607/2008 2 the jewelery wherein the 4th witness is working under the brother of the respondent and if he files such an affidavit within 2 weeks from today without waiting for direction from the trial court, the court shall issue warrant to the said witness Sri.M.P Unnikrishnan through a Process Server assisted by one more Process Server who shall be guided by the petitioner to identify and point out the witness and accordingly summons may be issued, so that there will not be any occasion for the petitioner to complain that on account of some other influence the Process Server returned the summons. There is no necessity to issue warrant with the assistance of police. The petitioner is directed to produce a copy of this judgment before the Sub Judge through his counsel in the court below forthwith. With the above directions, I dispose of this writ petition. Issue copy of this judgment to the counsel for the petitioner urgently. K.P. BALACHANDRAN, JUDGE scm