IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 21560 of 2009(Q) --------------------------------------- CC.NO.303/1991 OF JJUDICIAL MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY. .................... PETITIONER: ------------------- FAZALUDEEN, S/O.IBRAHIMKUTTY, PERATTUKIZHAKKATHIL, NADUVILAKARA MURI, THEVALAKKARA VILLAGE, KOLLAM DISTRICT. BY ADV. MR.T.M.ABDUL LATHEEF. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER MR. B. VINOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.21560 of 2009 Q -------------------------- JUDGMENT This petition is filed under Articles 226 and 227 of Constitution of India for a writ of mandamus directing respondents 1 and 2 to grant remission in respect of the sentence in C.C.No.303/1991 as modified by this Court in Crl.R.P.No.152/2001 contending that Exhibit P7 representation was given for that purpose. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 3. The question whether petitioner is to be granted remission or not is to be decided by the Government. No writ of mandamus commanding a direction to grant remission could be issued by this Court. If the original of Exhibit P7 was received by the Government, Government is to consider the same and take appropriate decision in accordance with law. Though petitioner sought a WPC 21560/09 2 further direction to keep the sentence in abeyance, pendency of a petition for remission before the Government is not a ground to keep the sentence in abeyance, after disposal of the criminal revision petition as held by the Division Bench in Moideenkoya v. Secretary to Government (2008 (4) KLT 257). In the light of the Division Bench decision, petitioner is not entitled to get the sentence suspended, till the disposal of Exhibit P7 representation. Petition is disposed. 13th August, 2009 (M.Sasidharan Nambiar, Judge) tkv