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Madras High CourtWP/7568/2018disposed of

Chellammal v. The Additional Director

2018-04-04Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH W.P.No.7568 of 2018 Mrs.Chellammal ... Petitioner Vs State Rep by

1. The Additional Director General of Police (Prison) Prison Department, No.1, Gandhi Irwin Salai, Egmore, Chennai - 600 008.

2. The Superintendent of Prison, Central Prison, Vellore.

3. The Jail Superintendent of Prison, Central Prison, Puzhal.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus, directing the respondent's herein to grant 3 months on Parole to the petitioner's son Perumal @ Pethaperumal Life Convict (Life Convict No.O.T.D.C.No.2899) he is writing +2 Exam at Central Prison Puzhal, now confined under third respondent Prison herein till 02.04.2018, thereafter he will return back to second respondent Central Prison Vellore, for the purpose of solemnize his marriage on 06.04.2018 pursuant to the petitioner's representation dated 12.03.2018 and 23.03.2018. For Petitioner : Mr.G.M.Syed Fasi Mohammed For Respondents : Mr.D.Raja Additional Government Pleader

ORDER

The petitioner's son is a life convict undergoing life sentence in Central Prison, Vellore. This petition has been filed for a Writ of Mandamus to consider the representation of the petitioner to release her son on parole for his marriage that is scheduled on 06.04.2018.

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2. The learned counsel for the petitioner produced the invitation card showing that the petitioner's son's marriage has been fixed on 06.04.2018.

3. However, the learned Additional Government Pleader submitted that the petitioner's son is also an undertrial prisoner in two cases, viz, Tirunelveli Mannoor Police Station Cr.No.127 of 2008 and Tiruchy Town Police Station (CBCID) Cr.No.43 of 2011.

4. In such view of the matter, the mandamus as prayed for the petitioner cannot be granted. However, liberty is given to the petitioner to move a Habeas Corpus Petition before the Division Bench of this Court and seek appropriate relief. Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The Additional Director General of Police (Prison) Prison Department, No.1, Gandhi Irwin Salai, Egmore, Chennai - 600 008.

2. The Superintendent of Prison, Central Prison, Vellore.

3. The Jail Superintendent of Prison, Central Prison, Pozhal.

4. The Public Prosecutor, High Court, Chennai. +1cc to the Government Pleader SR.No.25177 W.P.No.7568 of 2018 SDR 16.04.2018 https://hcservices.ecourts.gov.in/hcservices/