IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 8267 of 2011(G) ------------------------- PETITIONER: --------------- ELAMGODAM KANDIYIL ALIAS ELAYADAMKANDIYIL MAHAMOOD, S/O.AMMAD, AGED 48 YEARS, AROOR P.O., KAKKATTIL (VIA), KOZHIKODE DISTRICT. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT: --------------- STATE OF KERALA, PRESENTED BY THE PRINCIPLE SECRETARY, HOME DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER ADV. MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No. 8267 OF 2011 ......................................................................... Dated this the 31st May , 2011 J U D G M E N T The petitioner, who is the first accused in S.T.No.56 of 1983 of the J.F.C.M. Court, Vadakara in respect of the offence under Section 16(1) (a)(i) and a(ii) r/w Section 2 (1a) (a) and (m), 2(XIII) and 7(1) and (III) of the Prevention of Food Adulteration Act, 1954 and Rule 50(1)(f) of the P.F.A. Rules, 1955, was proceeded against in respect of the offences and was finally convicted. The challenge raised against the orders of the Trial court and Appellate court did not turn to be successful in getting the conviction set aside. However, the petitioner preferred Ext. P3 representation under Sections 432 and 433 of the Cr. P.C. for invoking the power to have remission or commutation, as the case may be. Since no positive orders are passed on Ext. P3, the petitioner has approached this Court seeking for appropriate reliefs. W.P.(C)No. 8267 OF 2011 2 2. The learned counsel for the petitioner submits that the petitioner actually belongs to the lower strata of the society and was not available in station; besides the fact that he was undergoing treatment in various hospitals in connection with serious ailments. A direction is sought for to be given to the respondents to consider Ext. P3 and pass appropriate orders thereon. 3. The learned Government Pleader appearing for the respondents, on instruction, submits that Ext.P3 was in fact received only on 14.02.2011, which was sent for remarks to the Police on 16.02.2011, which is awaited. It is further submitted that, if favourable report is obtained, the same will be placed for the opinion of the Law Department and on obtaining the same, it will be placed before the Cabinet. On approval by the Cabinet, it is added, the proceedings will be finalised passing appropriate orders within the shortest possible time, at any rate within 6 months. After hearing both the sides, the writ petition is disposed of directing the respondents to finalise the proceedings pursuant W.P.(C)No. 8267 OF 2011 3 to Ext. P3 and pass appropriate orders, in accordance with law, as expeditiously as possible. P.R. RAMACHANDRA MENON, JUDGE. lk