IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 2ND DAY OF JUNE 2021 / 12TH JYAISHTA, 1943
WP(C) NO. 11708 OF 2021
PETITIONER:
PRAKASAN, AGED 55 YEARS,
S/O.AYYAPPAN, (C-NO.5136, VIYOOR CENTRAL PRISON)
HAVING PERMANENT RESIDENCE AT AIRUKKUMPARA HOUSE,
T.S.R. FACTORY QUARTERS, KALADY PLANTATION,
AYYAMPUZHA VILLAGE,
C-NO.5136, VYOOR CENTRAL PRISON.
BY ADVS.
SRI.S.CHANDRASEKHARAN NAIR
SRI.RAJU GEORGE (KARUVATTA)
SRI.S.GOKUL BABU
SMT.AMALA.J.RAJ
SRI.JEREES J.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
2. SUPERINTENDENT CENTRAL PRISON, OFFICE OF THE
SUPERINTENDENT OF CENTRAL PRISON, VIYYUR P.O.,
THRISSUR - 680010.
BY GOVERNMENT PLEADER SRI.N.B.SUNIL NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.11708 of 2021 2
JUDGMENT
Dated this the 2nd day of June, 2021 In this Writ Petition the following reliefs were sought.
"(i) Issue a writ of mandamus or any other appropriate writ directing the 2nd respondent to discharge his duty as per law and take a decision on Ext.P1 application and grant special parole to the petitioner considering the Covid 19 pandemic condition.
(ii) Such other relief the court deem fit and proper is also be allowed."
2. According to the petitioner, he had applied for a special parole before the second respondent on 12.05.2021 by filing an application as Ext.P1. According to him himself and his wife are affected with serious ailments and the particulars are detailed in Ext.P1 application. Ext.P1 was found received by the 2nd respondent but not acted upon till date. In the said circumstances, the said Writ Petition seeking the above reliefs, was filed by him.
W.P.(C).No.11708 of 2021 3
3. The learned Public Prosecutor has submitted that the 2nd respondent is not the appropriate authority to consider the application seeking parole.
In the above scenario, Writ Petition is disposed of directing the 2nd respondent to transmit the application pending as Ext.P1 before him to the appropriate authority who is empowered to grant parole. Ext.P1 shall be considered by the appropriate authority and pass necessary orders in accordance with law within a period of two weeks from the date of receipt of the application by them.
Sd/-
MARY JOSEPH JUDGE MJL W.P.(C).No.11708 of 2021 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE APPLICATION FOR SPECIAL PAROLE 12.05.2021 EXHIBIT P2: TREATMENT RECORDS OF THE PETITIONER DATED 21.03.2019.
RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE