IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 4042 of 2010(Q) --------------------------------------- PETITIONER(S): -------------------------- ARUN MATHEW THOMAS, S/O.THOMAS, PALMCOT, THODUPUZHA, IDUKKI DISTRICT. BY ADVS. MR.RENJITH B.MARAR, MR.RAJESH NARAYAN IYER, SMT.LAKSHMI N.KAIMAL, SMT.PRIYA P.A. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SECRETARY TO GOVERNMENT,MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. 3. SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 4. MAJO V.KURIAKOSE, VICHATTU VEEDU, POORAPPUZHA, THODUPUZHA. R1 & R3 BY GOVERNMENT PLEADER MR. S.U. NAZAR R2 BY ADV. MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No.4042 OF 2010 =========================== Dated this the 12th day of March,2010 JUDGMENT This petition is filed under Article 226 of the Constitution of India for a writ of mandamus commanding respondents 2 and 3 to consider Exts.P7 and P8 applications within a time frame and to suspend the sentence till Exts.P7 and P8 are disposed of. 2. Learned counsel appearing for the petitioner and learned Government pleader were heard. 3. The question is squarely covered by the decision of the Division Bench of this court in Moideenkoya v. Secretary to Government (2008(4) KLT 257). The Division Bench held that it is for the Government to decide whether the power under section 432/433 of Code of Criminal Procedure is to be invoked and this court W.P.(C)4042/2010 2 cannot direct the Government to exercise the power in one way or the other. It is also held that court may grant an order of stay of the suspension of sentence till a decision is taken on a representation pending before the Government. Petition is therefore disposed of directing the Government to consider Exts.P7 and P8 applications and pass appropriate orders in accordance with law. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006