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Meethale Kallumal Matha v. the State of Kerala

Kerala HC23 Sept 2020WP(C)/12406/2020

Case brief

AI extract

What is this about?

The Court directed the competent authority to dispose of pending applications for regular leave and parole submitted by the petitioner's son, a convict with critical heart ailments and during the pandemic. The Court emphasized considering the convict's behavior.

What did the court decide?

Directing the competent authority to pass appropriate orders on pending leave and parole applications, considering the convict's conduct.

Meethale Kallumal Matha Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942

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WP(C).No.12406 OF 2020(A)

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PETITIONER/S:

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MEETHALE KALLUMAL MATHA AGED 67 YEARS W/O.CHANTHAMAN, MEETHALE KALLUMAL HOUSE, CHEKKIYAD AMSOM KURUVANTHERY DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT.

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BY ADVS. SMT.M.B.SHYNI SRI.DEEPAK RAJ SRI.FRANCIS MATHEW SHRI.SAREEN S. SHRI.PRASANTH K.T. SMT.FARSANA T.

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RESPONDENT/S:

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1 THE STATE OF KERALA HOME DEPARTMENT REPRESENTED BY ITS PRINCIPAL SECRETARY, THIRUVANANTHAPURAM, PIN-695 001. 2 DIRECTOR GENERAL OF PRISON AND CORRECTIONAL SERVICE (DGP), PRISON HEAD QUARTERS, POOJAPPURA, THIRUVANANTHAPURAM, PIN-695 012.

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3 THE JAIL SUPERINTENDENT CENTRAL PRISON, KANNUR, PODIKUNDU, KANNUR DISTRICT.

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OTHER PRESENT:

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SR.PP.AMJAD ALI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.12406 OF 2020(A) ..2..

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JUDGMENT

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Dated this the 23rd day of September 2020

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The grievance in this writ petition is regarding failure of the competent authority to consider Ext.P3 application for regular leave submitted by the petitioner. The petitioner submitted the application on behalf of her son, who is undergoing incarceration from 06.06.2019 onwards, consequent to his conviction under Section 326 IPC. On the petitioner's son being detected with heart ailment, the Medical Officer referred him for further treatment and he had to undergo treatment in the Intensive Care Unit for CAD-INFERIOR WALL MI (LYSED WITH SK 26.05.2020) TWO WELL DISEASE. The petitioner's son underwent PTA with stenting to RCA on 11.06.2020. The petitioner submits that unless her son is released on

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WP(C).No.12406 OF 2020(A) ..3..

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parole immediately, his life will be in danger, especially considering the outbreak of Covid-19 pandemic inside the jail. Pointing out these aspects and requesting for release of her son on parole, the petitioner submitted Ext.P4 application, which is yet to be considered by the competent authority. The convict has submitted Ext.P3 application, which is also pending consideration.

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The learned Counsel for the petitioner submits that the convict's behaviour inside the prison is exemplary and that Section 78 of the Kerala Prisons and Correctional Services (Management) Act, (herein after referred to as 'the Act'), 2010 provides for reckoning such behaviour for the purpose of granting parole. It is submitted that the sentence imposed is only for two years, of which the convict has already undergone one year and three months.

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WP(C).No.12406 OF 2020(A) ..4..

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Heard the learned Public Prosecutor also.

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Having heard the rival contentions, I am

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inclined to dispose of the writ petition directing the

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competent authority, before whom Exts.P3 and P4 applications are pending, to pass appropriate orders thereon. While considering the application, the

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convict's conduct shall also be taken into account, as

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contemplated under Section 78 of the Act,.

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The writ petition is disposed of.

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SB/23/09/2020

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Sd/V.G.ARUN JUDGE

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WP(C).No.12406 OF 2020(A) ..5..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE DISCHARGE SUMMARY DATED 05.06.2020 FROM SAHAKARANA HRUDAYALAYA, KANNUR MEDICAL COLLEGE (PARIYARAM). EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE CARDIOLOGIST IN SAHAKARANA HRUDAYALAYA, KANNUR MEDICAL COLLEGE (PARIYARAM) DATED 13.06.2020. EXHIBIT P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S CON BEFORE THE 2ND RESPONDENT DATED 13.06.2020. EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 16.06.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 13.04.2020 IN SUE MOTO WPC NO.1/2020 PASSED BY THE HON'BLE APEX COURT.

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// true copy //

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P.A to Judge

Meethale Kallumal Matha v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Meethale Kallumal Matha v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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