W.P.(Crl.).No.605/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(CRL.) NO. 605 OF 2022
PETITIONER:
J.O.GEETHAKUMARI,
AGED 59 YEARS,
W/O.THULASEEDHARAN, NIVEDITHA BHAVAN , H.NO. K.P.
3/933 CHECKEKKONAM, MUKKOLA, KACHANIKARAKULAM, P.O.,
THIRUVANANTHAPURAM - 695 564.
BY ADVS.
RENJITH B.MARAR
ARUN POOMULLI
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY HOME DEPARTMENT
SECRETARIAT THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES,
PRISONS DEPARTMENT, POOJAPPURA, THIRUVANANTHAPURAM -
695 012.
3 SUPERINTENDENT OF PRISON,
CENTRAL PRISON AND CORRECTIONAL HOME, POOJAPPURA,
THIRUVANANTHAPURAM - 695 012.
ADV.M.P.PRASANTH-SR.PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.).No.605/2022 2
JUDGMENT
The petitioner has approached this Court with this writ petition seeking following reliefs:
"i) Issue a writ in the nature of mandamus or such other writ direction or orders commanding the Respondents to consider Exhibit P-2 appeal in accordance with law, and to release the Petitioner's son, Sanish S/O.Thulaseedharan, Convict No.4326 in the Central Prison and Correctional Home, Poojappura, Thiruvananthapuram, on parole/ordinary leave;
ii) Declare that the rejection of the petitioners vide the Exhibit P-1 order is arbitrary, illegal and violative of the provisions of the Kerala Prisons and Correctional Services (Management) Act, 2010, as also the Kerala Prisons and Correctional Services (Management) Rules, 2014.
iii) Declare that the rejection of the Petitioner's son's parole is arbitrary, illegal and violative of Article 21 of the Constitution of India."
2. Grievance of the petitioner is that his son, who is presently imprisoned in Central Prison and Correctional Home, Poojappura as Convict No.4326, is being denied parole. Even though an application in this regard was submitted, the same was dismissed by the 2nd respondent, as per Ext.P1. Challenging Ext.P1 she submitted Ext.P2, which is an appeal as contemplated under W.P.(Crl.).No.605/2022 3 Rule 404 of the Kerala Prisons and Correctional Services (Management) Rules, 2014. The same is now pending consideration.
In such circumstances, this writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P2 appeal as expeditiously as possible, at any rate within a period of one month from the date of production of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/6.7.22 W.P.(Crl.).No.605/2022 4 APPENDIX OF WP(CRL.) 605/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO. WP2-7396/2020 PRHQ DATED 20.10.2021 OF THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE PETITIONER'S APPEAL UNDER RULE 404, KERALA PRISONS AND CORRECTIONAL SERVICES (MANAGEMENT) RULES, 2014, DATED 22.06.2022.