High Court of KeralaWP(C)/4995/2015dismissed as infructuous

K.C.Marakkar Haji v. State Of Kerala

2015-03-23Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937 WP(C).No. 4995 of 2015 (Y) --------------------------- PETITIONER(S):

-------------- K.C.MARAKKAR HAJI, AGED 61 YEARS, S/O.MUHAMMED, VAZHACHALIL HOUSE, P.O.OZHUKUR, PIN-673 642, MALAPPURAM DISTRICT.

BY ADVS.SRI.U.K.DEVIDAS SMT.P.M.SHAHIDA.

RESPONDENT(S):

--------------

1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE HOME SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

3. DIRECTOR GENERAL OF POLICE (PRISONS), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001.

4. THE JAIL ADVISORY BOARD, CENTRAL PRISON, KANNUR-670 001.

5. PARAMBAN MUHAMMED, C.NO.1764, CENTRAL PRISON, KANNUR-670 001.

6. THE SECRETARY, DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT SECRETARIAT,m THIRUVANANTHAPURAM-695 001.

7. THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION, MALAPPURAM DISTRICT-673 639.

8. THE SUPERINTENDENT OF POLICE, MALAPPURAM-676 505.

9. SAMEER MACHINGAL, DISTRICT PROBATION OFFICER, MALAPPURAM, OFFICE OF THE DISTRICT COURT COMPLEX, MANJERI-676 121.

R5 BY ADV. SRI.K.M.JAMALUDHEEN, R5 BY ADV. SMT.LATHA PRABHAKARAN, R1,R2,R3,R4,R6,R,R7 & 8 BY ADV. SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL & BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 4995 of 2015 ------------------------------------------- Dated this the 23rd day of March, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"i.

Call for the records leading to Ext.P11 and set aside the same by issuing a writ of certiorari or any other appropriate writs.

ii.

a direction to the 6th respondent that conduct an enquiry against ninth respondent in respect of the submission of Ext.P11 report.

iii.

Declare that the fifth respondent is not eligible for the premature release from the jail by way of writ of declaration.

iv.

Such other relief's as this Hon'ble Court deems fit to grant in the nature of this case."

When the matter came up for consideration before this Court on 17.03.2015, the following interim order was passed: "The learned counsel appearing for the 5th respondent as well as the learned Government Pleader appearing for the respondents 1 to 4 and 6 to 8 submit that WP(C) No.4995 of 2015 has become infructuous in the light of Annexure R3(a) order dated 21.02.2015 produced along with the statement filed in WP(C) No.5983 of 2015.

WP(c). No.4995 of 2015 The learned counsel for the petitioner seeks for time to confirm the position.

Post on Monday (23.03.2015)."

The submission made by the learned Government Pleader that, the matter has become infructuous is recorded and the writ petition is dismissed as infructuous.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.