R.Valli v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.12326 of 2021 Valli, R.

W/o.C.Raja ...

Petitioner Wife of the detenu versus 1.The Home Secretary, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Chairman, High Power Committee, Fort St.George, Chennai - 600 009.

3.The Superintendent of Central Prison, Puzhal, Chennai - 600 066.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the respondents 1 and 2 to grant parole to the petitioner's husband, namely, C.Raja, aged 30 years presently confined at Central Prison, Puzhal, Chennai in accordance with law by disposing the petitioner's representation dated 23.05.2021 addressed to the respondents 1 and 3.

For Petitioner : Mr.G.V.Sridharan For Respondents : Mr.J.C.Durairaj Government Advocate [Crl. Side]

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the respondents 1 and 2 to grant parole to the petitioner's husband, namely, C.Raja, aged 30 years presently confined at Central Prison, Puzhal, Chennai, in accordance with law by disposing the petitioner's representation dated 23.05.2021.

2. Heard the learned counsel for the petitioner and the learned Government Advocate [Crl. Side] appearing for the respondents.

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3. It is the case of the petitioner that her husband C.Raja, son of Kanniappa Gounder, is a Convict Prisoner, had been convicted and sentenced in S.C.No.90 of 2011 on 29.10.2014 and his appeal in Crl.A.No.591 of 2014 had been disposed of by this Court on 22.12.2020. It is the further case of the petitioner that her representation dated 23.05.2021 submitted to the respondents, seeking leave under the Tamil Nadu Suspension of Sentence Rules, 1982 has not been considered.

4. On instructions, the learned Government Advocate [Crl. Side] submitted that, the third respondent has received the petitioner's representation dated 23.05.2021 and the same is under process.

5. Recording the same, a direction is issued to the third respondent to dispose of the petitioner's representation dated 23.05.2021, in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar sri To 1.The Home Secretary, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Chairman, High Power Committee, Fort St.George, Chennai - 600 009.

3.The Superintendent of Central Prison, Puzhal, Chennai - 600 066.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.V.Sridharan, Advocate SR.No.27452 W.P.No.12326 of 2021 UM(CO) GMY(09/07/2021) https://hcservices.ecourts.gov.in/hcservices/