STATE OF KERALA Vs. SOMA THAMAS

JUDGEMENT

(1.) This appeal filed by the State of Kerala and others is against the judgment dated 30th June, 2003 in W.P.(c) No. 17452/2003 which was filed by Mrs. Soma Thomas, the Respondent herein. The appellants were the respondents in the said Writ Petition.

(2.) The respondent - Mrs. Soma Thomas is the wife of Sri. P.T. Thomas who is undergoing imprisonment in Central Prison, Viyyur as he was convicted and sentenced for offences under S.138 of the Negotiable Instruments Act, 1881. She filed Ext. P1 application dated 19.11.2002 before the State Government under S.432 of the Code of Criminal Procedure praying for remission of the sentence of her husband. Alleging that there was delay on the part of the Government in considering Ext. P1 application, she filed the Writ Petition praying for a direction to the first respondent - State of Kerala to consider and dispose of Ext. P1 application without delay. The learned Single Judge disposed of the Writ Petition at the admission stage directing the first respondent to consider Ext. P1 and to dispose of the same in accordance with law, within a period of three months from the date of receipt of a copy of the judgment. While issuing such a direction the learned Single Judge proceeded on the assumption that the appropriate Government to consider the request for remission of sentence under S.432 of the Code of Criminal Procedure in the case of the respondent's husband is the State Government. However, according to the appellants, the appropriate Government is the Central Government and hence this Writ Appeal has been filed.

(3.) We heard Sri. M. Retna Singh, learned Advocate General for the appellants and Sri. V.N. Mohanadasan for the respondent.