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.
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W.P.(C)No.4042 OF 2010
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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
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JUDGMENT
SEPTEMBER,2006