High Court Kerala High Court

Arun Mathew Thomas vs State Of Kerala on 12 March, 2010

Kerala High Court
Arun Mathew Thomas vs State Of Kerala on 12 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4042 of 2010(Q)


1. ARUN MATHEW THOMAS, S/O.THOMAS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE SECRETARY TO GOVERNMENT,MINISTRY OF

3. SECRETARY TO GOVERNMENT, MINISTRY OF

4. MAJO V.KURIAKOSE, VICHATTU VEEDU,

                For Petitioner  :SRI.RENJITH B.MARAR

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :12/03/2010

 O R D E R
            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.

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W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006