IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 36072 of 2008(T) --------------------------------------- OS.NO.162/2008 OF MUNSIFF COURT, KANJIRAPPALLY. .................... PETITIONER: ------------------- MANGALAM PUBLICATION (INDIA) PRIVATE LTD., REPRESENTED BY ITS MANAGING DIRECTOR, S.H.MOUNT, KOTTAYAM. BY ADV. MR.GEORGEKUTTY MATHEW. RESPONDENTS: ------------------------ 1. A.J.JOSEPH, ATHYALIL HOUSE, PONKUNNAM P.O., KOTTAYAM DISTRICT. 2. SABU VARGHESE, CHIF EDITOR, MANGALAM DAILY,S.H.MOUNT, KOTTAYAM. 3. SAJAN VARGHESE, PRINTER AND PUBLISHER, MANGALAM DAILY,S.H.MOUNT, KOTTAYAM. 4. SAJITH PARAMESWRAN, REPORTER, MANGALAM DAILY,PATHANAMTHITTA. R1 BY ADV. MR.LIJI.J.VADAKEDOM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36072/2008-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 15/11/2008 PASSED BY THE MUNSIFF'S COURT, KANJIRAPPALLY. EXT.P.2: COPY OF THE PLAINT DTD. 05/06/2008 IN O.S. NO. 162/08 PASSED BY THE MUNSIFF'S COURT, KANJIRAPPALLY. EXT.P.3: COPY OF THE WRITTEN STATEMENT DTD. 26/08/2008 FILED BY D1 TO D4. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 36072 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th June, 2009. J U D G M E N T The petitioner challenges Ext. P1 order passed by the Munsiff's Court, Kanjirappilly in I.A.No. 1652/2008 in O.S. No. 162/2008. The suit was filed by the 1st respondent herein, alleging that certain articles published in the daily owned and published by the petitioner is defamatory. In the written statement, the respondents including the petitioner took the stand that they are not responsible for selecting the news items to be published in the newspaper. The plaintiff filed the I.A seeking a direction to the petitioner herein to divulge the information as to who is the person responsible for selecting the news item for publication, which has been published. After hearing both sides, by Ext. P1 order, the Munsiff's Court directed thus: “Hence, a direction is given to the respondent/defendants either to furnish the name and address of the person who is liable for the publication of the news item on 21-11-07 and 28-11-07 in the 'Mangalam' daily or to file an affidavit stating the circumstances which prevented them from furnishing the name and address of the person responsible for the publication of news item. The parties shall bear their respective costs.” The petitioner is challenging that order on the ground that at this point of time, the petitioner is not liable to divulge the same insofar as that is a matter which the plaintiff has to prove through evidence. 2. I have heard both sides. 3. I am of opinion that what the court has done is only to direct the petitioner either to furnish the name and address of the person who is liable for publication of the news item or to file an affidavit stating the circumstances which prevented them from furnishing the name and address of the person responsible for the publication of W.P.C. No. 36072/08 -: 2 :- news item. Therefore, if the petitioner has a case that they are not so liable, the course open to them is to file an affidavit stating the reasons as to why they cannot furnish the information called for. Therefore, there is no merit in the challenge against Ext. P1. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/