IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 21900 of 2009(O) -------------------------- AGAINST THE ORDER IN OS.259.2005 IN OS.232/2005 of MUNSIFF-MAGISTRATE COURT, PARAVUR .................... PETITIONER(S): --------------- P.K.SREEDHARAN PILLAI, S/O.KUNJU PILLAI, JAYA BHAVAN, KANNIMELCHERRY, KAVANAD PO, SAKTHIKULANGARA VILLAGE, KOLLAM DIST. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. VISALAKSHY, D/O.UMMINI, VADAKKE KARIYAN VILAKATH, KURUMANDAL, PO PARAVUR, KOLLAM DIST. 2. SHYLAJA, D/O.SIVADASAN, VADAKKE KARIYAN VILAKATH, KURUMANDAL, PO PARAVUR, KOLLAM DIST. 3. MOHANDAS, SIVADASAN,VADAKKE KARIYAN VILAKATH, KURUMANDAL, PO PARAVUR, KOLLAM DIST. 4. SHEEBA, D/O. SIVADASAN,VADAKKE KARIYAN VILAKATH, KURUMANDAL, PO PARAVUR, KOLLAM DIST. 5. VILASINI, SAGARA, NJARAKKAL PADINJATTATHIL, MAYYANAD PO, KOLLAM,. 6. VISALAKSHY, ROADARIMPIL, ERAVIPURAM PO THEKKEVILACHERRY, KOLLAM. 7. THULASEEDHARAN, T.S, BHAVAN, KURUMANDALCHERRY, PARAVUR PO, KOLLAM, 8. BALACHANDRAN, ANUPALLAVI, KURUMANDALCHERRY, PARAVUR PO, KOLLAM, 9. VISWAMBHARAN, JAMEELA COTTAGE, KURUMANDALCHERRY, PARAVUR PO, KOLLAM, 10. DEVADASAN, VADAKKE KARIYIL VILAKATH, KURUMANDALCHERRY, PARAVUR PO, KOLLAM, NOW RESIDING AT MAZHIKAM VEETTIL, KARIMAM DESOM, THIRUVANANTHAPURAM. 11. SUSEELA, THAPASYA,KURUMANDALCHERRY, PARAVUR PO, KOLLAM , 12. SULEKHA, SEETHA BHAVAN, KOTTAPPURAM, PARAVUR PO, KOLLAM. 13. SUGATGHAN, SEETHA BHAVAN, KOTTAPPURAM, PARAVUR PO, KOLLAM. 14. SASIKALA, SEETHA BHAVAN, KOTTAPPURAM, PARAVUR PO, KOLLAM. 15. SALY, SEETHA BHAVAN, KOTTAPPURAM, PARAVUR PO, KOLLAM. 16. AMBILY, SEETHA BHAVAN, KOTTAPPURAM, PARAVUR PO, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.21900/09 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF SUMMONS DT 23.6.09. P2 COPY OF MEDICAL CERTIFICATE DT 30.6.09. P3 COPY OF MEDICAL CERTIFICATE DT 8.7.09 P4 COPY OF CERTIFICATE DT 1.7.09. P5 COPY OF APPLICATION DT 7.7.09 // True Copy // P.A. to Judge S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.21900 of 2009 - O --------------------------------- Dated this the 15th day of September, 2009 J U D G M E N T The writ petition is filed seeking the following reliefs: “i) To direct the Munsiff-Magistrate Court, Paravur to exempt the petitioner from personal appearance before the court as a witness in O.S.Nos.232/2005 and 259/2005. ii) To direct the Munsiff-Magistrate Court, Paravur to examine the petitioner as a witness in O.S.Nos.232/2005 and 259/2005 through a commissioner duly appointed by the court below. 2. Petitioner is summoned as a witness by the Munsiff Court, Paravur. Petitioner, a senior citizen aged 84 years, moved an application for exemption. The court below turning down that request issued warrant. He thereupon, through his grandson filed an affidavit and produced medical certificates stating that in view of his old age and on account of various ailments suffered, he cannot even attend to his personal affairs without the assistance of another. It is submitted, the court below dismissed that application. Ext.P5 is the copy of the affidavit so filed by the W.P.(C).No.21900 of 2009 - O 2 grandson of the petitioner. Ext.P4 is the certificate issued by a doctor stating that the petitioner is suffering from hearing impairment for more than 91%. Learned counsel for the petitioner submits that the plaintiff in O.S.No.259 of 2005 which is jointly tried with another suit, O.S.No.232 of 2005 has also moved an application for examining the petitioner by appointment of a commissioner, but, that also was turned down by the court. Petitioner has therefore approached this Court by filing the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. Notice was given to the respondents by service through their counsel. But, none of the respondents has entered appearance. I heard the counsel for the petitioner. 4. The petitioner has not produced the order passed by the court below directing issue of warrant. But, I find no reason to doubt the submission made by the counsel that the court has issued a warrant against the petitioner. If at all any warrant has been issued, I direct the court below to withdraw it forthwith and consider Ext.P5 affidavit filed by the grandson of the petitioner W.P.(C).No.21900 of 2009 - O 3 with reference to the medical certificates also tendered before the court and pass appropriate orders in accordance with law. Having regard to Ext.P4 medical certificate, I direct the court below to consider whether the examination of the petitioner is vital for adjudication of the disputes involved in the case and if so found, then consider his examination by appointing a commissioner. Writ petition disposed of with the above observations. S.S.SATHEESACHANDRAN, JUDGE. bkn/-