Kadeeja E K vs State Of Kerala
2022 Latest Caselaw 10341 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                       WP(CRL.) NO. 869 OF 2022
PETITIONER:

            KADEEJA E K
            AGED 62 YEARS
            W/O KUNHABDULLA
            BAITHUL FARZANA, EDAKKAVIL, ANACHAL, KOTTAPPURAM PO
            NILESHWER, KASARGOD DISTRICT- 671314
            BY ADVS.
            K.R.ARUN KRISHNAN
            DEEPA K.RADHAKRISHNAN
            JISSMON A KURIAKOSE


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY,
            DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695001.
    2       DIRECTOR GENERAL OF PRISONS &
            CORRECTIONAL SERVICES, PRISONS HEADQUARTERS,
            KERALA, POOJAPPURA,
            THIRUVANANTHAPURAM-695012..
    3       SUPERINTENDENT,
            OPEN JAIL & CORRECTIONAL HOME, CHEEMENI,
            KASARGODE, PIN-671313.



              SREEJA V - SENIOR PUBLIC PROSECUTOR



    THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(Crl)_ No. 869 of 2022
                                      2


                            JUDGMENT

Dated this the 7th day of October, 2022

The petitioner's son Muhammed Noushad C.K @

Noushad is now undergoing imprisonment at Central

Open Prison & Correctional Home, Cheemeni from the

year 2014 onwards. He is convicted by Additional

Sessions Court - III, Kasargod in S.C.No.97/2014. This

writ petition is filed by the petitioner, seeking for a

direction to the 3rd respondent to grant emergency leave

to the petitioner's son, to attend his father who is

undergoing treatment in a hospital at Mangalore.

However, it is discernible from the records that, the

petitioner has not submitted any application for the said

purposes before the 3rd respondent as contemplated

under Rule 400 of Kerala Prisons and Correctional

Services Management rules, 2014. Since, the petitioner

did not submit any application so far, it is only proper

that he be directed to submit a proper application for the

same.

W.P(Crl)_ No. 869 of 2022

In such circumstances, this Writ Petition is closed

without prejudice to the right of the petitioner to submit

an application before the competent authority for

emergency leave. If any such application is submitted,

the same shall be considered by the competent

authority without any delay.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE AP/7.10 W.P(Crl)_ No. 869 of 2022

APPENDIX OF WP(CRL.) 869/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 26/08/2022 ISSUED BY THE ATHENA HOSPITAL FALNIR ROAD, MANGALORE.