Srinivasan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH and THE HONOURABLE MR. JUSTICE SUNDER MOHAN Srinivasan ... Petitioner Vs.

1.State represented by Secretary to Government Home Department Fort St. George Chennai 600 009 2.The Deputy Inspector General of Police Prisons Egmore, Chennai 600 002 3.The Superintendent Central Prison Puzhal Chennai ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to extend the period of Parole granted to the petitioner's son the detenu

Appu @ Rajendran, Convict No.6817 for a further period of 28 days from 21.06.2024.

For Petitioner : Mr.R.T.Vijayaraaghavan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor Assisted by Mr.C.Aravind

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The Superintendent, Central Prison, Puzhal, Chennai, has considered the representation of the petitioner dated 14.03.2024, and an ordinary leave of 28 days was granted to the petitioner's son, commencing from 24.05.2024 to 21.06.2024, for the purpose of making financial arrangement by disposing of some immovable properties. The parole granted to the petitioner's son expires on 21.06.2024. Since the petitioner could not dispose of the properties within the leave period granted to his son, the present writ petition came to be filed by the petitioner seeking extension of the parole period granted by the prison authorities.

2.When the prison authorities themselves have considered the petitioner's application and granted leave, this Court is of the affirmed view that the appropriate authority to consider such extension of leave would only be the prison authorities. In this context, it would not be appropriate for this Court to exercise its power under Article 226 of the Constitution of India, to instruct the prison authorities to extend the parole leave granted to the petitioner's son. On the other hand, this Court deems it appropriate to grant liberty to the petitioner to approach the prison authorities, seeking for such a relief with a consequential direction to the authorities to consider the application on its own merits in order to secure the ends of justice.

3.In the light of the above, this Writ Petition stands closed granting liberty to the petitioner to make an appropriate representation before the concerned prison authorities. On receipt of such representation, the prison authorities shall consider the same on its own merits and pass appropriate orders as expeditiously as possible. No costs. [M.S.R., J] [S.M., J] 18.06.2024 kas

M.S.RAMESH, J.

and SUNDER MOHAN, J.

kas To 1.Secretary to Government Home Department Fort St. George Chennai 600 009 2.The Deputy Inspector General of Police Prisons Egmore, Chennai 600 002 3.The Superintendent Central Prison Puzhal Chennai 4.The Public Prosecutor, High Court, Madras.

18.06.2024