IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 16478 of 2011(H) ----------------------- PETITIONER(S): ----------------------- 1. M.M.MATHEW, AGED 72 YEARS, S/O. MATHAI, MANAPURATH HOUSE, THIRUVAMPADI AMSOM, DESOM, KOZHIKODE DISTRICT. 2. THRESSIAKUTTY MATHEW, AGED 62 YEARS, W/O. M.M.MATHEW, MANAPURATH HOUSE, THIRUVAMPADI AMSOM, DESOM, KOZHIKODE DISTRICT. 3. JIJI MATHEW, AGED 35 YEARS, D/O. M.M.MATHEW, MANAPURATH HOUSE, THIRUVAMPADI AMSOM, DESOM, KOZHIKODE DISTRICT. (PETITIONERS 1 & 2 REPRESENTED BY POWER OF ATTORNEY HOLDER SMT. JIJI MATHEW (3RD PETITIONER) BY SMT. JIJI MATHEW (PARTY-IN-PERSON) RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. STATION HOUSE OFFICER, THIRUVAMPADY POLICE STATION, THIRUVAMPADY.P.O., KOZHIKODE DISTRICT-673603. 3. BABY.K.D., S/O. SEBASTIAN, KATTACKAL HOUSE, PULLURAMPARA.P.O. -673604. KOZHIKODE. 4. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOZHIKODE-673020. 5. THE SUPERINTENDENT, GOVERNMENT GENERAL HOSPITAL, KOZHIKODE BEACH-673032. 6. THE SUPERINTENDENT, GOVERNMENT MENTAL HEALTH CENTRE, KOZHIKODE-673008. BY R1, R2, R4 TO R6 BY GOVT. PLEADER SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 16478 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER DATED 14/1/2011 IN CC NO. 113/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE II, THAMARASSERY. EXT.P2 : COPY OF THE ORDER DATED 01/02/2011 IN CRL.M.C. NO. 316/2011 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM. EXT.P3 : COPY OF THE LETTER NO. C3/1019/11, DTD. 31/1/2011 SENT BY THE DISTRICT MEDICAL OFFICER OF HEALTH, KOZHIKODE TO THE SUPERINTENDENT, GOVERNMENT MENTAL HEALTH CENTRE, KOZHIKODE. EXT.P4 : COPY OF THE ORDER DATED 11/4/2001 IN CRL.M.A 2337/2011 IN CRL.M.C. NO. 316/2011 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM. EXT.P5 : COPY OF THE LETTER NO. G1-2413/2011 DTD. 19/5/2011 SENT BY THE GOVERNMENT GENERAL HOSPITAL, KOZHIKODE TO THE 3RD PETITIONER. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.16478 of 2011 -------------------------------------- Dated this the 20th day of June, 2011. JUDGMENT On two prior occasions petitioners had come to this Court seeking various reliefs, either in Crl.M.C.No.316 of 2011 or by moving Crl.M.A.No.2337 of 2011 in the said proceeding. The issue concerns a direction made by learned Judicial First Class Magistrate-II, Thamarassery that the third petitioner has to undergo examination by a Civil Surgeon to ascertain her soundness of mind. Though petitioners challenged that order in this Court in Crl.M.C.No.316 of 2011 this Court by Ext.P2, order dated February 1, 2011 refused to interfere with the said order but directed learned Magistrate to refix the date for appearance of third petitioner before the Civil Surgeon after considering convenience of third petitioner also. Thereafter third petitioner filed Crl.M.A.No.2337 of 2011. That application was disposed of by Ext.P4, order dated April 11, 2011 granting third petitioner three weeks further time from that day to appear before the Civil Surgeon, Kozhikode as ordered by the learned Magistrate. 2. Now petitioners have filed this Criminal Miscellaneous Case in challenge of Ext.P5, notice issued by the Superintendent of Government General Hospital, Kozhikode on 19.05.2011 following Exts.P1, P2 and P4, orders. Third petitioner who is presenting the case in person contended that Ext.P5, notice issued by the Superintendent of Government General Hospital, Kozhikode is WP(C) No.16478/2011 2 illegal and that every attempt is being made to frame her (third petitioner) as unsound. I have heard learned Public Prosecutor also. 3. I have gone through Ext.P5, notice dated 19.05.2011. By that notice, the Superintendent of Government General Hospital, Kozhikode informed third petitioner that for reasons stated therein the Medical Board has decided not to issue any certificate to third petitioner as asked for. It is stated that though, third petitioner requested for a medical certificate, it is not clear whether the medical certificate pertains to the physical or mental health of third petitioner, she was not able to give satisfactory explanation for the queries of the Medical Board in that matter and that in case third petitioner is desirous of getting a certificate concerning soundness of mind she has to approach a Psychiatrist. 4. Having heard the third petitioner who appeared in person and gone through Ext.P5, notice I think that the proper course is to direct the learned Magistrate to issue appropriate fresh orders or direction in the light of Ext.P5. Petitioners shall produce a copy of Ext.P5 before the learned Magistrate who shall issue appropriate orders or direction, as the case may be in the light of Ext.P1, order he has already passed. Resultantly this Writ Petition is disposed of directing learned Judicial First Class Magistrate-II, Thamarassery to issue necessary orders/directions/clarifications as the case may be in the matter pursuant to Ext.P5, notice, in the light of Ext.P1, order learned Magistrate has already WP(C) No.16478/2011 3 issued. Petitioners shall produce a copy of this judgment and Ext.P5, notice before learned Magistrate within a period of three weeks from this day. THOMAS P.JOSEPH, Judge. cks