Rajeswari vs The Secretary
2023 Latest Caselaw 5860 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                       WP(CRL.) NO. 285 OF 2023
     IN S.C.NO.885/2019 OF FAST TRACK SPECIAL COURT, PALAKKAD


PETITIONER:



          RAJESWARI
          AGED 53 YEARS
          W/O MANICKYAN,
          GOPIKA NIVAS,
          KARIPPALI, VADAVANNUR,
          PALAKKAD DISTRICT, PIN - 678504

          BY ADVS.
          P.MOHAMED SABAH
          LIBIN STANLEY
          SAIPOOJA
          SADIK ISMAYIL
          R.GAYATHRI
          M.MAHIN HAMZA
          ALWIN JOSEPH


RESPONDENTS:

    1     THE SECRETARY
          HOME DEPARTMENT,
          STATE OF KERALA, SECRETARIAT,
          THIRUVANATHAPURAM, PIN - 695001

    2     DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES
          PRISONS HEADQUARTERS, POOJAPPURA,
          THIRUVANANTHAPURAM, PIN - 695012

    3     THE SUPERINTENDENT
          CENTRAL PRISON , VIYYUR,
          THRISSUR DISTRICT, PIN - 680010

    4     THE SUPERINTENDENT
          CENTRAL PRISON, THAVANOOR,
          MALAPPURAM DISTRICT, PIN - 679573
           BY ADV
          SMT.SREEJA V
          PUBLIC PROSECUTOR



     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl).No.285 of 2023

                                       3



                       BECHU KURIAN THOMAS, J.
                      ====================
                        W.P.(Crl).No.285 of 2023
                     =====================
                      Dated this 24th day of May, 2023


                                 JUDGMENT

The relief sought for in this writ petition is as follows:-

"Issue a writ of mandamus or any other appropriate writ directing the respondent Nos. 2 to 3 to stop the proposed transfer of the son of the petitioner 'Gopakumar', C.No.485/2022 a convict prisoner detained at Central Prison, Viyyur to Central Prison, Thavanoor and permit him to continue at Central Prison, Viyyur, in the interest of justice."

2. Noticing the disinclination of the Court to grant the relief or

interfere with the proposed transfer of petitioner's son Gopakumar,

Convict No.485/2022 from Central Prison Viyyur to the Central Prison

Thavanoor, the learned counsel for the petitioner sought permission to

withdraw this writ petition with liberty to seek reliefs other than those

sought for in this writ petition.

3. Since petitioner's right to move this Court for reliefs which are

not covered by the present writ petition will always remain with her,

liberty as sought for is not required to be granted.

With the above observations, this writ petition is dismissed as

withdrawn.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/24.05.23