Kerala High Court
Amal vs State Of Kerala on 8 April, 2021
WP(C).No.19052 & 20901 OF 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.19052 OF 2020(F)
PETITIONER/S:
AMAL
AGED 34 YEARS
W/O.MOHAMMED NISHAM A.A., FLAT NO.1073, SOBHA CITY,
PUZHAKKAL, THRISSUR DISTRICT.
BY ADVS.
SRI.RENJITH B.MARAR
SMT.LAKSHMI.N.KAIMAL
RESPONDENT/S:
1 STATE OF KERALA
REP. BY THE SECRETARY TO GOVT. HOME (B) DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM PIN.695 001
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES
PRISONS HEADQUARTERS, POOJAPPURA, THIRUVANANTHAPURAM-
695 012
3 THE SUPERINTENDENT
CENTRAL PRISON, POOJAPPURA, THIRUVANANTHAPURAM
DISTRICT, PIN-680 010
R1-3 BY ADDL.DIRECTOR GENERAL OF PROSECUTION
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.04.2021, ALONG WITH WP(C).20901/2020(K), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.19052 & 20901 OF 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.20901 OF 2020(K)
PETITIONER/S:
AMAL
AGED 34 YEARS
W/O. MOHAMMED NISHAM.A.A.,FLAT NO.1073, SOBHA CITY,
PUZHAKKAL, THRISSUR DISTRICT
BY ADVS.
SRI.RENJITH B.MARAR
SMT.LAKSHMI.N.KAIMAL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVT. HOME (B)
DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN-
695 001
2 DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES,
PRISONS HEADQUARTERS, POOJAPPURA, THIRUVANANTHAPURAM-
695 012
3 THE SUPERINTENDENT,
CENTRAL PRISON, POOJAPPURA, THIRUVANANTHAPURAM
DISTRICT,PIN-680 010
R1-3 BY ADDL.DIRECTOR GENERAL OF PROSECUTION
R1-3 BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.04.2021, ALONG WITH WP(C).19052/2020(F), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.19052 & 20901 OF 2020
3
JUDGMENT
[ WP(C).19052/2020, WP(C).20901/2020 ]
Dated this the 8th day of April 2021
K. Vinod Chandran, J.
The learned counsel for the petitioner submits that there is an
appeal provided against Annexure R3(C) order in W.P.
(C)No.20901/2020 which remedy they would avail of. In such
circumstances, we dismiss these writ petitions without any
observations on merit. The appeal will be considered
untrammelled by the dismissal of these writ petitions.
2. However, we have to notice that when the Criminal
Appeal was pending before a Division Bench, the writ petition was
posted before a learned Single Judge, which essentially challenged
the denial of parole and later the order passed rejecting the parole
application. We have enquired with the Registrar (Judicial), who
informs us that there are writ petitions filed, which, as per the
High Court Rules, are posted before the Single Judge having
roster. We are of the opinion that when a Criminal Appeal is
pending before a Division Bench or a Single Bench, necessarily,
the writ petitions filed seeking parole, also should be posted before
WP(C).No.19052 & 20901 OF 2020
the Bench having roster for the Criminal Appeals. Otherwise,
there would be chance of conflicting orders being passed by
different Benches, on interim suspension of sentence and parole,
both resulting in the release of the convict.
3. In such circumstances, we issue a direction to the
Registry to ensure that the pendency of Criminal Appeal is
verified before a writ petition, seeking a mandamus to the
Government for consideration of parole is posted before a Single
Judge having roster. If a Criminal Appeal is pending, which,
necessarily the petitioner should disclose in the writ petition, the
W.P.(C) shall also be posted before the Bench having roster for
Criminal Appeals.
These writ petitions are dismissed as withdrawn with the
above observation.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
M.R.ANITHA
SHG JUDGE
WP(C).No.19052 & 20901 OF 2020
APPENDIX OF WP(C) 19052/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 11.08.2020 IN
CRL.M.A.NO.3/2020 IN CRL.A.NO.320 OF 2016.
EXHIBIT P2 TRUE COPY OF THE PARTNERSHIP DEED OF THE
M/S KINGS BEEDI COMPANY.
EXHIBIT P3 TRUE COPY OF THE CHART OF THE NUMBER OF
EMPLOYEES OF THE COMPANY DURING THE YEAR
2014 TO 2020.
EXHIBIT P4 TRUE COPY OF THE BALANCE SHEET FOR THE F Y
2018-19
EXHIBIT P5 TRUE COPY OF THE BALANCE SHEET FOR THE F Y
2019-20
WP(C).No.19052 & 20901 OF 2020
APPENDIX OF WP(C) 20901/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 11.08.2020 IN
CRL MA NO.3/2020 IN CRL.A.NO.320 OF 2016
EXHIBIT P2 TRUE COPY OF THE PARTNERSHIP DEED OF THE
M/S.KINGS BEEDI COMPANY
EXHIBIT P3 TRUE COPY OF THE CHART OF THE NUMBER OF
EMPLOYEES OF THE COMPANY DURING THE YEAR
2014 TO 2020
EXHIBIT P4 TRUE COPY OF THE BALANCE SHEET FOR THE FY
2018-19
EXHIBIT P5 TRUE COPY OF THE BALANCE SHEET FOR THE FY
2019-20
EXHIBIT P6 TRUE COPY OF THE NOTICE CALLING FOR THE
STRIKE BY THE EMPLOYEES UNION
EXHIBIT P7 TRUE COPY OF THE HOLTER ECG REPORT SUMMARY
DATED 1/7/2008 ISSUED BY THE MEDICAL TRUST
HOSPITAL, ERNAKULAM
EXHIBIT P8 TRUE COPY OF THE DISCHARGE SUMMARY DATED
14/7/2008 ISSUED BY THE DEPARTMENT OF
CARDIAC SURGERY, KIMS HOSPITAL,
THIRUVANANTHAPURAM
EXHIBIT P9 TRUE COPY OF THE MEDICINE PRESCRIPTION
DATED 25/2/2016 IN THE NAME OF THE
CONVICT'S MOTHER
EXHIBIT P10 TRUE COPY OF THE ECG REPORT DATED 16/2/2021
EXHIBIT P11 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
27.2.2021 ISSUED BY THE CARDIOLOGIST, RAJAH
CHARITABLE MEDICAL TRUST, THRISSUR.
EXHIBIT P12 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
13.3.2021 ISSUED BY THE CARDIAC
ELECTROPHYSIOLOGIST AT LISIE HOSPITAL,
ERNAKULAM
EXHIBIT P13 TRUE COPY OF THE INTERIM ORDER DATED
19.3.2021 IN WP(C)NO.20901/2020 PASSED BY
THIS HON'BLE COURT
EXHIBIT P14 TRUE COPY OF THE RECEIPT VOUCHER -IP
ADVANCE DATED 21.3.2021 ISSUED BY LISIE
HOSPITAL, ERNAKULAM.
