JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. Inmates in prisons are still citizens and should not be denied their basic human rights as any other citizen. The petitioner in this writ petition is the wife of Mr. Manoj @ Irumban Manoj, C. No. 102/2022, who is undergoing imprisonment for life in prison. He was convicted by the 1st Additional Sessions Judge, Thrissur, in Sessions Case No. 935/2007 and sentenced to undergo the imprisonment.

2. It is the case of the petitioner that her husband is the absolute owner of 0.0121 hectares of land situated in Sy. No. 476/5-11 in Edavilangu village of Kodungallur Taluk. The petitioner and her family along with her husband were residing in the house bearing No. XIII/301 constructed in the above property in Ward No. XIII of Edavilangu village. Ext.P1 is the possession certificate issued by the Village Officer, Edavilangu Village, which shows that the petitioner’s husband is in possession of the property. According to the petitioner, the house in which the petitioner and her family were residing was completely destroyed beyond repair in a natural calamity. Thereafter, the petitioner and her family are residing in a rental premises and they do not have a home of their own. Ext.P2 is the certificate issued by the Tahsildar, Kodungalloor, in which it is clearly stated that the building bearing No. XIII/301 in Sy. No. 476/5/11 in the ownership of Parasserry Manoj is completely destroyed because of natural calamity and also because of the old age of the building.

3. It is the case of the petitioner that, considering the plight of the petitioner and the condition of the residence of the petitioner, the name of the petitioner’s husband was included as a beneficiary in the Life Housing Scheme by the Local Self Government. Ext.P3 is the certificate issued by the Edavilangu Grama Panchayat, which shows that the petitioner’s husband is included in the Life Housing Scheme as a beneficiary in the category list of Scheduled Caste Community. It is the case of the petitioner that to obtain the benefits of the scheme and to complete the formalities and to execute the other necessary documents, the presence of the petitioner’s husband is necessary at various Government Offices, since the property is in the name of the husband of the petitioner. According to the petitioner, her family will be able to enjoy the benefit of the scheme only if the husband of the petitioner is released from prison on Emergency Leave. Hence, the petitioner preferred a representation to the 2nd respondent explaining the above circumstances and requesting the 2nd respondent to grant Emergency leave/parole to the husband of the petitioner to complete the formalities required to avail the benefit of the Life Housing Scheme. Ext.P4 is the representation. However, the 2nd respondent has not issued any orders in Ext.P4 is the grievance. Hence the writ petition (Crl.) is filed with the following prayers:

“(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing 2nd respondent to release the husband of the petitioner, Mr. Manoj @ Irumban Manoj, on special leave/parole for a period of 2 months to complete the formalities of the Life housing scheme.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing 2nd respondent to consider and pass order on Exhibit-P4 representation within a time frame as may be fixed by this Hon’ble Court.

(iii) Grant such other reliefs as are deemed just and necessary in the facts and circumstances of the case.” (sic)

4. Heard counsel for the petitioner and the public prosecutor.

5. The public prosecutor made available an instruction/statement submitted by the Superintendent, Central Prison and Correctional Home, Viyyur, Thrissur. In the instruction, it is submitted that as per Rule 397(a) of the Kerala Prisons and Correctional Services (Management) Rules, 2014 (for short ‘Rules 2014’) well behaved prisoners who have been sentenced to imprisonment for one year and abo