IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 18033 of 2009(Q) -------------------------- PETITIONER(S): --------------------- DEVAMMA AGED 78 YERS,W/O.CHANDRAN, ONAVILA VEEDU, VILAKKUVATTAM, PATHANAPURAM, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL, CENTRAL PRISON, THIRUVANANTHAPURAM. 3. THE JUVENILE JUSTICE BOARD, KOLLAM DIST. KOLLAM REPRESENTED BY ITS MEMBER. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 18033 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2010. JUDGMENT This is a petition filed under Article 227 of the Constitution of India seeking a declaration that the son of the petitioner, Sudheendran, who is involved in Sessions Case No.97 of 1988 was a juvenile in conflict with law as per Section 2(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 and also for a declaration that the sentence imposed on him in S.C.97 of 1988 is of no consequence and he is liable to be released. 2. It is stated that Sri.Sudheendran, who is the son of the petitioner was sentenced to life imprisonment in relation to S.C.97 of 1988 originated from Crime No.74 of 1988 of Punalur Police Station for having committed offences punishable under Sections 341, 323,, 114, 307 and 302 read with Section 34 of the Indian Penal Code. Prosecution case was that on 28.3.1988 at about 5 p.m. WPC.18033/2009. 2 the accused got into a bus. Vijayan, the deceased, was also travelling in the bus. Vijayan was attacked by the accused and injuries were caused to him, which ultimately resulted in his death also. The judgment finding the accused guilty and sentencing them to undergo rigorous imprisonment for life was passed on 16.10.1989. 3. It is pointed out by the learned counsel for the petitioner that Sudheendran was a juvenile at the time of commission of the offence as per Section 2(k) of the Act. The date of birth is shown as 20.5.1970. It is therefore pointed out that being a juvenile, he should not have been tried by the Sessions Court and also sentenced him. Going by the provisions of the Act, he is entitled to the benefit of that Act. 4. Whatever that be, it is for the petitioner to approach the Board concerned for appropriate reliefs. Even assuming that the petitioner is entitled to the reliefs as prayed for by him, considering his son as a juvenile at the time of commission of offence and that he suffered the WPC.18033/2009. 3 judgment, it is the Board, which is the appropriate authority to consider all these matters. In the decision relied on by the learned counsel for the petitioner, Selvi v. State of Kerala (2008(4) KLT 329), the matter was considered by the court itself as the Board was then not in existence. Now the Board has come into existence and it is only appropriate that the petitioner approaches the Board. 5. Reserving the liberty of the petitioner to approach the Board in this regard and also observing that in case the petitioner approaches the Board in this regard, the Board will make every endeavour to dispose of the petition as expeditiously as possible, this writ petition is disposed of . P. BHAVADASAN, JUDGE sb.