Citation : 2021 Latest Caselaw 12650 Ker
Judgement Date : 31 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943
WP(C) NO. 11584 OF 2021
PETITIONER:
SAINA, AGED 72 YEARS,W/o. HAMZA, MARIYINKATTU HOUSE,
PATTALAM P.O.,FORT KOCHI, ERNAKULAM-682001.
BY ADVS. SRI.V.S.THOSHIN
SRI.P.M.AFSAL MOHAMED
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY,
DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
2. THE DIRECTOR GENERAL, OFFICE OF THE DIRECTOR
GENERAL OF PRISONS AND CORRECTIONAL SERVICES,
POOJAPPURA, THRUVANANTHAPURAM.695012
3.THE DEPUTY INSPECTOR GENERAL
OFFICE OF THE DEPUTY INSPECTOR GENERAL OF PRISONS
(CENTRAL ZONE)VIYUR, THRISSUR-680010
4.THE SUPERINTENDENT, HIGH SECURITY PRISON,VIYUR,
THRISSUR-680010
BY SENIOR GOVERNMENT PLEADER SRI.N.B.SUNIL NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 11584 OF 2021
2
JUDGMENT
Dated this the 31st day of May, 2021
In the Writ Petition on hand the following reliefs are
sought.
"(i) Issue a writ of Certiorari or any other
appropriate writ, order or direction to the 3 and 4 th respondents to consider the application of parole of the petitioner's son.
(ii) Issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the petitioner to be entitled for parole.
(iii) Issue such other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, so as to secure the ends of justice."
2. The learned Government Pleader has
submitted that the 2nd respondent is the appropriate
authority to consider the application for parole.
Though it is disclosed from the averments in the Writ
Petition that applications have been preferred severally
to the 2nd respondent and left unattended to, copy of WP(C) NO. 11584 OF 2021
any one of those is not made available to this Court
alongwith the Writ Petition. In that event, the writ
petition is disposed of with a direction to the writ
petitioner to approach the 2nd respondent by making
an application in the manner required by law.
With the above observation, the writ petition is
disposed of.
Sd/-
MARY JOSEPH
JUDGE
MJL WP(C) NO. 11584 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: THE TRUE COPY OF THE ORDER IN SUO MOTO WRIT PETITION (C)NO.1/2020
EXHIBIT P2: THE TRUE COPY OF THE COMPLAINT DATED 24.02.2020 BEFORE THE COMMISSIONER OF HUMAN RIGHTS
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P A TO JUDGE
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