IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 21710 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------ K.MANIKANDAN, S/O.KUNJUPILLA, RESIDING AT M.J.BHAVAN, KANNAMAMOODU P.O., PALUKAL DESOM, PALUKAL VILLAGE, KANYAKUMARI DISTRICT, REPRESENTED THROUGH HIS BROTHER, K.DEVARAJ, ALLAMPARA VEEDU, MUKKUTTUKAL, MANJALUMOODU P.O., KANYAKUMARI DISTRICT. BY ADV. SRI.N.J.MATHEWS RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, STATE SECRETARIAT, THIRUVANANTHAPURAM - 695 101. 2. SUPERINTENDENT, SUB JAIL, THRISSUR-680 014. R1 & R2 BY GOVERNMENT PLEADER SMT. M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21710/2011 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AGREEMENT FOR SALE DTD. 23/11/2010 ENTERED INTO BETWEEN THE PETITIONER AND HIS WIFE WITH M/S.APJ DEVELOPERS PVT.LTD., ALONG WITH A READABLE COPY THEREOF. P2: COPY OF THE ORDER G.O.(RT) NO.2799/2010/GAD DTD. 17/04/2010 ISSUED BY THE GOVERNMENT PLACING TOMIN J.THACHANKARI UNDER SUSPENSION. P3: COPY OF THE ORDER G.O.(RT) NO.5206/2011/GAD DTD. 11/07/2011 ISSUED BY THE GOVERNMENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 21710 OF 2011 ----------------------------------------------------- Dated this the 16th day of August , 2011 J U D G M E N T Petitioner is an accused in crime No.346/11 of North Paravur Police Station, Ernakulam District. He was remanded to judicial custody in the Sub Jail, Aluva. He was thereafter shifted to Sub Jail, Thrissur. In this writ petition his prayer is that he should be transferred back to the Sub Jail, Aluva. 2. The learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader capacity of the Aluva Sub Jail is to accommodate 25 prisoners and there were 185 prisoners in the jail. It is also stated that there were allegations that the petitioner was getting some undeserved favours from the jail authorities. It is stated that, as a result of these allegations, Director General of Police(Prisons) ordered to shift all the accused in the case from the Sub Jail, Aluva to W.P.(C) No. 21710 OF 2011 :2 : Central Prison, Viyyoor. 3. A person in detention has no right to claim that he should be detained in any particular jail. In a case of this nature, particularly in the nature of the facts as disclosed by the Government Pleader, if the petitioner is shifted from Aluva Sub Jail to Viyyoor Sub Jail, it is fully justified. 4. Counsel for the petitioner now submits that his wife may be allowed visitorial rights twice a week. In my view if the petitioner's wife wants to avail of any such right, it is open to her to make an application to the 2nd respondent, in which event the 2nd respondent shall consider the request and pass orders thereon at the earliest. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE ul/-