IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 32520 of 2004(U) ------------------------------------- PETITIONER(S): ----------------------- P.T.THOMAS, 55 YEARS, C-3005, CENTRAL PRISON, VIYYOOR. BY ADV. SRI.V.N.MOHANADASAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY DEPARTMENT OF HOME AFFAIRS THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF PRISON, CENTRAL PRISON, VIYYOOR. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. --------------------------------------------- W.P.(C). NO.32520 OF 2004 ---------------------------------------------- Dated this the 2nd day of September, 2011. JUDGMENT The petitioner, a convict in the Central Prison, Viyyoor, undergoing imprisonment pursuant to the conviction and sentence in different criminal cases involving the offence under Section 138 of the Negotiable Instruments Act, has approached this Court with the following prayers: “1. to issue a writ of mandamus or any other appropriate writ, order, or direction directing the 2nd respondent to set-off the period of imprisonment for a period of 48 days from 4.11.99 to 22.12.99. 2. to declare that ordinary remission shall be earned even in respect of default sentence and also to fix the date of release after deducting period of remission for substantive as well as default sentences. OR 3. to direct the 2nd respondent to release the petitioner forthwith considering the facts that the petitioner has already undergone for about 2 years imprisonment for the commission of an offence due to business misfortunes, that the petitioner is suffering from serious heart deceases, also that the petitioner deserves mercy”. Going by the materials on record, it appears that W.P.(C). NO.32520 OF 2004 2 the tenure is already over and the matter has become infructuous. However, since there is no representation for the petitioner, the writ petition is dismissed for non prosecution. P.R.RAMACHANDRA MENON, JUDGE. mns