High Court Kerala High Court

K.Vasudevan vs M.Devarajan on 31 July, 2008

Kerala High Court
K.Vasudevan vs M.Devarajan on 31 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23089 of 2008(W)



1. K.VASUDEVAN
                      ...  Petitioner

                        Vs

1. M.DEVARAJAN
                       ...       Respondent

                For Petitioner  :SRI.N.SURESH

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :31/07/2008

 O R D E R
                   M.SASIDHARAN NAMBIAR, J.

                     -------------------------------

                      W.P.(C) No.23089 of 2008

                     -------------------------------

                    Dated this the 31st July, 2008.

                            J U D G M E N T

This petition is filed under Article 227 of the Constitution

of India challenging Ext.P1 order passed by Munsiff, Mavelikara,

directing to send the disputed document to a private hand writing

expert, rejecting the case to send the same to Forensic Science

Laboratory, Thiruvananthapuram.

2. The learned counsel appearing for the petitioner was

heard.

3. The argument of the learned counsel is that unless

the document is send to the Forensic Science Laboratory, a proper

report cannot be obtained, as there is chance of influencing the private

expert.

4. On hearing the learned counsel and on going

through Ext.P1 order, I do not find any illegality or irregularity

warranting interference or for directing the Court not to send the

document to a private hand writing expert. It is more so when the

W.P.(C) No.23089 of 2008

2

Forensic Science Laboratory is flooded with requests for comparison of

signatures in more important matters. I do not find any reason to

inspect the integrity of a private hand writing expert. Munsiff may

consider sending the disputed document to a private expert, who is

retired from Forensic Science Laboratory, Thiruvananthapuram.

The writ petition is disposed as above.

M.SASIDHARAN NAMBIAR,
JUDGE

nj.