IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 3690 of 2010(Q) -------------------------------------- PETITIONER(S): ------------------------ SANTHOSH MADHAVAN, S/O. MADHAVAN, IRUPATHEKKAR KARA, KATTAPPANA,UDAMPENCHOLA, IDUKKI DISTRICT, NOW UNDER IMPRISONMENT,C.NO.4007, CENTRAL PRISON, THIRUVANANTHAPURAM. BY ADVS. MR.VENJARAMOOD M.ZIYAD, MR.SANU S.PANICKER. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME AFFAIRS SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DGP(JAIL),THIRUVANANTHAPURAM. 3. THE JAIL SUPERINTENDENT, CENTRAL JAIL,THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR. S.U. NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.3690 OF 2010 ------------------------------------------ Dated 15th March 2010 JUDGMENT Petition is filed under Article 226 of Constitution of India for a writ of mandamus directing respondents to consider and pass orders on Exts.P2, P3 and P4 applications, whereunder petitioner sought parole to see his ailing father. Assistant Jailor, Central Prison, Thiruvananthapuram filed a statement, as the Superintendent was on leave, stating that original of Ext.P4 representation was not received and on 15/2/2010 one Rajan, claiming to be the brother of the petitioner, sent a photocopy of Ext.P4 without supporting documents and the said brother did not produce any solvency certificate to the Wpc 3690/10 2 jail authorities for granting emergency leave and under Rule 454 of Kerala Prison Rule petitioner is not eligible for leave but could be granted permission to visit ailing father under police escort and in such circumstances, he is not entitled to get the relief sought for. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 3. When the respondents have taken a stand that they did not receive Ext.P4, no direction could be issued to pass orders in Ext.P4 application. If a proper application is filed, respondents will pass appropriate order in accordance with law. 4. Learned Government Pleader submitted that petitioner would be granted Wpc 3690/10 3 permission to see his ailing father, with police escort(custody parole) as provided under Rule 454 of Kerala Prison Rule. The said submission is recorded. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.