IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 27309 of 2009(O) -------------------------- PETITIONERS: --------------- 1. MRS. INDIRA MURALEEDHARAN, DWARAKA, 663, A SECTOR, RANIAH REDDY COLONY, NORTHERN MULLY P.O., BANGALORE, KARNATAKA. 2. RAMANI DAS, ASHIRVAD, KOTTAPPURAM TEMPLE ROAD, NEAR M.G.ROAD, THRISSUR-04. 3. MAHENDRA MADHAVAN, 22D, COSTA-SQUARE, ST.THOMAS TOWN, BANGALORE. 4. SURENDRA MADHAVAN, KOMAYIL HOUSE, ROYAL LANE, KADAVANTHRA, KOCHI. BY ADV. MR.BABU PAUL RESPONDENT: --------------- H.RANJITH, POTTANNANIKKAL HOUSE, NEW COLONY ROAD, PALARIVATTOM. ADV. MR.N.SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27309 of 2009(O) APPENDIX PEPTITIONERS' EXHIBITS: EXT.P1: I.A.NO.4647/2009. EXT.P2: OBJECTIONS FILED BY THE RESPONDENT. EXT.P3: ORDER DATED 4/8/2009 IN I.A.NO.4647/2009. EXT.P4: AFFIDAVIT FILED BY THE 4TH PETITIONER. RESPONDENT'S EXHIBIT: EXT.R1(A): CERTIFICATE ISSUED BY THE EMPLOYER OF THE RESPONDENT'S WIFE. ..... // TRUE COPY // P.A TO JUDGE. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.27309 of 2009 - O --------------------------------- Dated this the 2nd day of November, 2009 J U D G M E N T Writ petition is filed seeking the following relief: “To issue a writ of certiorari or such other writ or order calling for the entire records leading to the order dated 4/8/2009 in I.A.No.4647/2009 in M.H.(O.P)86/2007 pending before the Honourable VI Additional District Court, Ernakulam and quash the same.” 2. Petitioners are some of the respondents in M.H.(O.P) 86/2007 on the file of the 6th Additional District Court (Wakf Tribunal), Ernakulam. The above petition was filed by the respondent seeking for an inquisition as to the mental fitness of his wife who is stated to be a mentally ill person and for his appointment as the guardian of her person and properties. Petitioners herein who are siblings of the above said mentally ill person, resisted the application filing counter. The mentally ill person was medically examined and a report was also filed before the court by the doctor concerned. When the OP came up for trial the respondent who had filed the petition was absent with the result it was dismissed. Pursuant thereto on an application W.P.(C).No.27309 of 2009 - O 2 moved by the respondent in which notices are stated to have been given to the opposite parties under certificate of posting by his counsel, the OP was restored to file. Later, the present petitioners appeared before the court and sought permission to recall and examine the witnesses already examined in the proceedings. Learned District Judge declined their request vide Ext.P3 order. Propriety and correctness of that order is challenged in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the counsel on both sides. 4. At the time of hearing learned counsel for the respondent fairly submitted that he does not stand in the way of shutting out the evidence and denying opportunity to the petitioners in cross examining the witnesses already examined, but, that should not be taken as a leverage by the petitioners to protract and prolong the proceedings. From the submissions made, it is seen, the three witnesses already examined in the case were the respondent, his wife and also the doctor who had examined the mentally ill person. So far as the respondent and W.P.(C).No.27309 of 2009 - O 3 his wife, they shall appear before the court for cross examination by the petitioners on the date fixed by the court. In respect of the other witness, the doctor, the petitioners shall take steps within a period of ten days from today and also bear expenses required for his presence to have his cross examination. Ext.P3 order is set aside directing the court below to permit the petitioners to cross examine the witnesses as aforesaid subject to the directions indicated above. Learned District Judge is also directed to complete the proceedings as expeditiously as possible at any rate within a period of three months from the date of receipt/production of a copy of this judgment. Writ petition is disposed of as above. Parties shall appear before the court below on 12.11.2009. Hand over a copy of the judgment to the counsel on both sides on usual terms, and send a copy to the court concerned forthwith. S.S.SATHEESACHANDRAN, JUDGE. bkn/-