S.Thilak Raj, S/O Late Subramanyam , Arakamani v. The State Of Telangana
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY THE TWENTYFIRST DAY OF SEPTEMBER TWO THOUSAND AND FIFTEEEN PRESENT HONOURABLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION NO. 29998 OF 2015 Between:
S. Thilak Raj ... Petitioner Vs.
The State of Telangana, Represented by its Prl.Secretary, Home Department, Secretariat, Hyderabad & Anr. ... Respondents Counsel for the Petitioner: Sri Balla Ravindranath Counsel for the Respondents: GP for Home [TG] The Court made the following: [order follows] HONOURABLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION NO. 29998 OF 2015
O R D E R :
This writ petition is filed under Article 226 of the Constitution of India for the following relief : "To declare the inaction of the first respondent with regard to not considering the representation dated 08/09/2015 for extension of parole for a period of four months w.e.f. 21/09/2015 by declaring the inaction as illegal, arbitrary and violative of rights guaranteed under Article 14, 21 and 300-A of the Constitution of India and further to declare that the writ petitioner is entitled for the same and to pass such other suitable orders as this court may deems fit and proper in the circumstances of the case."
2. Heard Sri Balla Ravindranath, learned counsel for the petitioner and the learned Government Pleader for Home for the respondents.
3. According to the petitioner, he is a convict bearing No. 4231. He was lodged in Central Prison, Cherlapalli, Ranga Reddy district. Earlier the State Government vide G.O.Rt.No. 673 Home [Legal] Department dated 18/08/2015 granted parole in favour of the petitioner herein, fixing the date of surrender as "21/09/2015" i.e., today. The petitioner herein submitted a representation dated 08/09/2015 to the first respondent-State Government seeking extension of parole for a further period of four months on the ground of illness of his mother.
4. The grievance of the petitioner herein in the present writ petition is that despite expiry of considerable length of time, no action has been taken by the first respondent on the said representation dated 08/09/2015 submitted by the petitioner herein for extension of parole.
5. On instructions, it is submitted by the learned Government Pleader for Home that the said representation dated 08/09/2015 is still pending before the first respondent-State Government.
6. In support of his contention, learned counsel for the petitioner places reliance on the order of this Court in the case of [1].
MOHD. IRFAN ALI V/s. MUJEEBUNNISAS BEGUM AND ORS
7. Taking into consideration the facts and circumstances of the case and having regard to the order passed by this Court in Mohd. Irfan Ali's case supra, the writ petition is disposed of extending the period of parole to the petitioner herein till the disposal of the representation dated 08/09/2015 pending with the first respondent. This extension shall however be subject to condition that the petitioner will not leave Hyderabad without the permission of this Court and will report at the Station House
Officer, Malkajgiri Police Station once in every week i.e., on Saturday between 09:30 A.M. and 10:30 A.M. The petitioner shall also inform the Station House Officer, Malkajgiri Police Station as to the place of his residence.
8. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.
_____________________ JUSTICE A.V.SESHA SAI 21/09/2015 I s L N B : Office to communicate a copy of this order to:
1) The Principal Secretary, Home Department, State of Telangana Secretariat, Hyderabad, forthwith.
2) The Superintendent, Central Prison, Cherlapalli, Ranga Reddy district forth with.
3) The Station House Officer, Malkajgiri Police Station, Secunderabad forthwith.
4) Furnish CC today to Sri Balla Ravindranath & Savithri Devi, Advocates. HONOURABLE SRI JUSTICE A.V. SESHA SAI
WRIT PETITION NO. 29998 OF 2015 Date:21/09/2015 Circulation No.
Court Master: I s L [1] ) 2014 [5] ALT 703 [DB]