Chandramathi vs State Of Kerala
2024 Latest Caselaw 14230 Ker

Kerala High Court

Chandramathi vs State Of Kerala on 29 May, 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
     WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
                        WP(CRL.) NO. 384 OF 2024
        CRIME NO.423/2006 OF Mannuthy Police Station, Thrissur
     SC NO.935 OF 2007 OF ADDITIONAL DISTRICT COURT, THRISSUR
PETITIONER :

            CHANDRAMATHI
            AGED 68 YEARS, W/O LATE PURUSHAN,
            KAIPPOTH HOUSE, PADINJARE VEMBALLUR,
            THRISSUR, PIN - 680 671

            BY ADV DEVIKA K.R.



RESPONDENTS :

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682 031

    2       THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
            SERVICES, JAIL HEADQUARTERS, POOJAPURA,
            THIRUVANANTHAPURAM, PIN - 695 012

    3       THE SUPERINTENDENT
            CENTRAL PRISON & CORRECTIONAL HOME,
            VIYYUR, PIN - 680 010



            BY SRI.RENJITH T.R., PUBLIC PROSECUTOR




     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 384 OF 2024
                                    2




                  BECHU KURIAN THOMAS, J.
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=
                    W.P.(Crl.) No.384 of 2024
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=
                Dated this the 29th day of May, 2024


                              JUDGMENT

Petitioner seeks for a direction to grant leave to her son who is

Convict No.98 of 2022, lodged at the Central Prison, Viyyur for the

purpose of reconstructing her residential building.

2. During the course of arguments, it was submitted that the

application for emergency leave was rejected as per Ext.P5 which is

challenged in appeal before the Director General of Prisons and

Correctional Services.

3. Since the appeal against Ext.P5 is pending consideration, it

is only appropriate that the said appeal be considered and disposed

off in a time bound manner.

Accordingly, there will be a direction to the Director General

of Prisons and Correctional Services to consider and pass

appropriate orders on the appeal preferred by the petitioner against

Ext.P5, within five days from the date of receipt of a copy of this

judgment. While considering the said appeal, the authority shall

bear in mind Ext.P2 as well as the impending monsoon season in WP(CRL.) NO. 384 OF 2024

Kerala.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(CRL.) NO. 384 OF 2024

APPENDIX OF WP(CRL.) 384/2024

PETITIONER'S EXHIBITS :

Exhibit P1 THE PHOTOGRAPHS OF THE PARTIALLY DESTRUCTED HOUSE.

Exhibit P2 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE TAHISILDAR, 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 ORDER NO.P-5474/2023/CPV
                    DATED    19.01.2024     ISSUED   BY   THE
                    SUPERINTENDENT,     CENTRAL    PRISON   &
                    CORRECTIONAL HOME, VIYYUR.

Exhibit P4          CERTIFIED COPY OF THE ORDER ISSUED BY THIS

HON'BLE COURT IN WP(CRL) NO.142/2024.

Exhibit P5 A TRUE COPY OF THE ORDER NO.RWO-

3617/2023/DIGPCZ DATED 18.03.2024 ISSUED BY THE D.I.G OF PRISONS.