IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 9539 of 2008(I) ----------------------------------- OS.71/2002 OF MUNSIFF COURT, PARAPPANANGADI .......................................... PETITIONER: ----------------- CHERUSSERI SAINUDHEEN MUSALIYAR S/O.LATE MUHAMMED MUSALIYAR, GENERAL SECRETARY SAMASTHA KERALA JAMIYATHUL ULAMA AND THE CONVENER OF SAMASTHA KERALA JAMIAYTHUL ULAMA FATHWA COMMITTEE, RESIDING AT CHERUSSERI HOUSE P.O.KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.R.RAMADAS RESPONDENTS: ---------------------- 1. PALLIYALI KUNHI MUHAMMED KUTTY ALIAS P.K.M. KUTTY HAJI, S/O.KUNHALASSAN, RAHMATH MANZIL A.C. BAZAAR, MUNNIYOOR AMSOM DESOM TIRURANGADI TALUK. 2. MANJAPPALLAN MUHAMMED MUSALIYAR S/O.MANJAPPALLAN FAREETH MUSALIYAR SADARMU-ALLIM IRSHAD SIBIYAN MADRASSA PARAKKADAVU, MUNNIYOOR AMSOM DESOM TIRURANGADI TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 9539 OF 2008 = = = = = = = = = = = = = = = Dated this the 19th day of March, 2008. J U D G M E N T This writ petition is preferred to direct the Munsiff, Parappanangadi to consider the objections raised by the petitioner before issuing summons to the petitioner and to recall the summons issued to the petitioner. The summons, a copy of which is produced before me, shows that the witness has been summoned to prove a bye-law of Jamayathul Ulama. If it is an admitted document it may not be necessary for examination of any witness. But if it is for some other purposes it must be known to the persons for what purpose the witness is being summoned. Therefore I direct the Court below to permit the witness to appear before the Court below on 24.3.2008 through a lawyer and on that day the Court may hear the objections raised and pass appropriate orders and thereafter if the Court finds that his examination is necessary, fix a date and examine him. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-