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Madras High CourtWP/2639/2024disposed of

M.Sumathi v. Union Territory Of Puducherry

2024-02-21Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2024 CORAM :

THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN M.Sumathi

...Petitioner

vs.

1. Union Territory of Puducherry rep. by the Chief Secretary Secretariat, Puducherry 605 001.

2. The Chief Superintendent of Jails Mathur Road, Kalapet, Puducherry 605 014.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 28.01.2024 and release her father Mr.Karuna alias Manoharan, Son of Subramani, Life Convict Prisoner, Central Prison, Kalapattu, Puducherry, on 30 days Ordinary Parole Leave.

For Petitioner ::

Mr.P.Pugalenthi For Respondents ::

Mr.K.S.Mohandass Public Prosecutor (Puducherry)

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner, who is the daughter of the convict prisoner namely Karuna @ Manoharan, Son of Subramani, now confined in the Central Prison, Kalapattu, Puducherry, has come forward with this writ petition to direct the respondents to consider her representation dated 28.01.2024 and grant 30 days Ordinary Parole Leave to her father. 2.The petitioner states that her father was convicted for the offences under Section 302 IPC read with Section 149 IPC and sentenced to undergo life imprisonment. The petitioner further states that her father has completed 24 years of his life sentence and therefore, she made a representation, dated 28.01.2024 to the respondents seeking 30 days Ordinary Parole Leave to her father. Since the same has not been considered till date, she has come forward with this writ petition.

3.Heard the learned counsel for the petitioner and the learned Public Prosecutor (Pondicherry) appearing for the respondents. 4.Having regard to the limited scope of the prayer in the writ petition, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this writ petition, directs the respondents to consider the representation of the petitioner, dated 28.01.2024 for 30 days Ordinary Parole Leave to her father, and pass appropriate orders on merits and in accordance with law, within a period of two (2) weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner. 5.With the above direction, this writ petition is disposed of. No costs. (M.S.R.,J.) (S.M.,J.) 21.02.2024 dk Index : Yes / No

M.S.RAMESH,J.

AND SUNDER MOHAN,J.

dk To

1. The Chief Secretary Union Territory of Puducherry Secretariat, Puducherry 605 001.

2. The Chief Superintendent of Jails Mathur Road, Kalapet, Puducherry 605 014.

3.The Superintendent of Prison, Central Prison, Kalapattu, Puducherry.

4.The Public Prosecutor, High Court of Madras, Chennai.

21.02.2024