Prakasan vs State Of Kerala
2021 Latest Caselaw 12688 Ker

                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.

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

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