IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 17978 of 2009(Q) -------------------------- PETITIONER(S): ------------------- THANKAMMA JOHN, W/O.A.K.JOHN, AGED 55, CHACKALAYIL HOUSE, KAVIYOOR P.O., THIRUVALLA. BY ADV. SRI.R.GIREESH VARMA RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. JAIL SUPERINTENDENT, CENTRAL JAIL, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. S.U. NAZAR FOR R1-R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 17978 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February, 2010. JUDGMENT ,This is a petition filed under Article 226 of the Constitution of India praying for a declaration that the petitioner's son is a juvenile as per Section 2(k) read with Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, and also for a declaration that the sentence imposed on the son of the petitioner is illegal and he is liable to be released. 2. Petitioner is the mother of the juvenile, who was convicted and sentenced for the offence punishable under Section 302 of the Indian Penal Code in S.C.54 of 1994 by the Sessions court, Pathanamthitta. The said WPC. 17978/2009. 2 conviction and sentence was confirmed by this court in Crl.Appeal No. 414 of 2005. 3. The incident which gives rise to the case took place on 12.12.1993. It is pointed out that at the time of commission of offence the son of the petitioner was only 16 and therefore he is entitled to the benefit of the Act. The date of birth of the accused is said to be 17.12.1975. Petitioner therefore seeks intervention of this court for appropriate reliefs under the Act. 4. It may be noticed that the competent authority to consider all these aspects is the Juvenile Board, as the Board has now come into existence. It is for the petitioner to approach the Juvenile Board for appropriate reliefs. In case the petitioner approaches the Board by filing a application, the Board will consider the same and take a decision WPC. 17978/2009. 3 thereon within two months from the date of filing of the application. The writ petition is disposed of as above. P. BHAVADASAN, JUDGE sb.