Ammal Nisham vs Nazeer A
2023 Latest Caselaw 4662 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
              THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
        Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945
                             WA NO. 766 OF 2023

   AGAINST JUDGMENT DATED 04.04.2023 IN WP(Crl.) 246/2023 OF THIS COURT

APPELLANT/ADDITIONAL 6TH RESPONDENT:

     AMMAL NISHAM, AGED 42 YEARS, WIFE OF MOAHAMMED NISHAM, RESIDING AT
     FLAT 1073, SOBHA CITY, PUZHAKKAL- 680553 .THRISSUR, THRISSUR
     DISTRICT.

BY SENIOR ADVOCATE SRI.K.K.RAMAKUMAR AND

ADVS.M/S. RAMPRASAD UNNI T.,S.M.PRASANTH,

ASWINI SANKAR R.S. & T.H.ARAVIND


RESPONDENTS/PETITIONER & RESPONDENTS:


  1. NAZEER A., AGED 41 YEARS,SON OF ASHARF, NASEER MANZIL, SNEHA
     RESIDENCE ASSOCIATION LINE, 8TH STONE, KARAKULAM P.O.,
     THIRUVANANTHAPURAM - 695564, THIRUVANANTHAPURAM DISTRICT,CONVICT
     NO.7575,WHO IS PRESENTLY LODGED IN THE CENTRAL PRISON AND
     CORRECTIONAL HOME,THIRUVANANTHAPURAM-695012.
  2. STATE OF KERALA, DEPARTMENT OF HOME AFFAIRS, REPRESENTED BY THE HOME
     SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001.
  3. KERALA PRISON AND CORRECTIONAL SERVICES, REPRESENTED BY THE DIRECTOR
     GENERAL, DEPARTMENT OF PRISON, POOJAPURA, THIRUVANANTHAPURAM., PIN -
     695012.
  4. THE SUPERINTENDENT, CENTRAL PRISON AND CORRECTIONAL HOME, POOJAPURA,
     THIRUVANANTHAPURAM., PIN - 695012.
  5. THE JAIL ADVISORY BOARD, CENTRAL PRISON, POOJAPURA,
     THIRUVANANTHAPURAM,PIN - 695012.      REPRESENTED BY ITS CHAIRMAN.
  6. THE STATION HOUSE OFFICER, POOJAPPURA POLICE STATION, POOJAPPURA
     MAIN ROAD, THIRUVANANTHAPURAM, KERALA, PIN - 695012.

BY ADV.SMT.V.VIJITHA FOR R1

GOVERNMENT PLEADER FOR R2 TO R6
      Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the judgment dated 04.04.2023, pending disposal of the above Writ
Appeal.
     This Writ Appeal coming on for admission on 12/04/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:
                A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
              ----------------------------------------------
                                Writ Appeal No.766 of 2023
              ----------------------------------------------
                  Dated this the 12th day of April, 2023


                                           O R D E R

A.Muhamed Mustaque, J.

Admit.

2. The first respondent entered appearance

through counsel. The learned Government Pleader

takes notice for respondents 2 to 6.

In the light of the fact that parole has been

declined by the Jail Authority and the State, we are

of the view that a prima facie case is made out to

stay the operation of the impugned judgment.

Accordingly, the stay is granted as prayed for. Post

immediately after vacation.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE ln

12-04-2023 /True Copy/ Assistant Registrar