Chandramathi vs State Of Kerala
2024 Latest Caselaw 5468 Ker

Kerala High Court

Chandramathi vs State Of Kerala on 16 February, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                        WP(CRL.) NO. 142 OF 2024
     CRIME NO.423/2006 OF Mathilakom Police Station, Thrissur
  AGAINST THE ORDER/JUDGMENT SC 935/2007 OF ADDITIONAL DISTRICT
                            COURT, THRISSUR
PETITIONER/S:

          CHANDRAMATHI
          AGED 68 YEARS
          W/O. PURUSHAN KAIPPOTH HOUSE, PADINJARE VEMBALLUR,
          THRISSUR, PIN - 680671
          BY ADVS.
          SRUTHY K.K
          RAHUL SUNIL


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
          695001
    2     THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
          SERVICES
          JAIL HEADQUARTERS, POOJAPURA, THIRUVANANTHAPURAM, PIN -
          695012
    3     THE SUPERINTENDENT
          CENTRAL PRISON & CORRECTIONAL HOME, VIYYUR, PIN -
          680010
          BY ADVS.

          DIRECTOR GENERAL OF PROSECUTION(AG-10)
          P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR()
          SHRI.SAJJU.S., SENIOR G.P.()


OTHER PRESENT:

          SRI. M.C. ASHI (PP)


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                  BECHU KURIAN THOMAS, J.
           ========================
                  W.P.(Crl.)No.142 of 2024
           ------------------------------------------------
                  Dated this the 16th day of February, 2024

                              JUDGMENT

Petitioner is the mother of Convict No.19/2022. Petitioner's

application for emergency leave for her son has been rejected as per

Ext.P4. Petitioner seeks for a direction to grant emergency leave for him

for reconstructing his residential building.

2. Since the petitioner has an appellate remedy against Ext.P4,

it is only appropriate that the said remedy be resorted to before invoking

the jurisdiction under Article 226 of the Constitution of India, especially

considering the nature of leave sought for.

Therefore, reserving the liberty of the petitioner to approach the

appellate authority against Ext.P4, this writ petition is disposed of.

sd/

BECHU KURIAN THOMAS JUDGE jm/ APPENDIX OF WP(CRL.) 142/2024

PETITIONER EXHIBITS Exhibit P1 PHOTOGRAPHS OF THE PARTIALLY DESTRUCTED HOUSE Exhibit P2 CERTIFICATE ISSUED BY THE TAHSILDAR, KODUNGALLUR TALUK STATING THE FACTUM REGARDING THE PARTIAL DESTRUCTION OF THE PETITIONER'S RESIDENTIAL BUILDING DATED 01- 01-2024 FROM TALUK OFFICE, KODUNGALLUR Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 04-01-

Exhibit P4 TRUE COPY OF THE ORDER NO. P-5474/2023/CPV DATED 19-01-2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER