Madras High CourtWP(MD)/10500/2015disposed of

M. Mariyammal, v. State Rep. By

2015-09-23Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA W.P(MD)No.10500 of 2015 M.Mariyammal : Petitioner Vs.

1.State represented by The Secretary to Governemnt, Home (Prison IV) Department, Secretariat, Fort St.Geroge, Chennai - 600 009.

2.The Additional Director General of Prison, O/o.The Additional Director General of Prison, No.1, Gandhi Erwin Road, Egmore, Chennai - 08.

3.The Superintendent of prison, Central Prison, Madurai.

: Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus directing the respondents to grant Parole leave for a period of one month to the petitioner's husband namely K.Moorthi S/o.Kanthasamy @ Vazhathanadu (C.PNo.5414) confined at Central Prison,Madurai.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.N.Manoharan, Special Government Pleader

O R D E R

The petitioner has come forward with this Writ Petition for issuance of Writ of Mandamus directing the respondents to grant Parole leave for a period of one month to the petitioner's husband namely K.Moorthi S/o.Kanthasamy @ Vazhathanadu (C.PNo.5414) confined at Central Prison,Madurai.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the Respondents. 3.The learned counsel for the petitioner would submit that the petitioner's husband namely, K.Moorthi S/o.Kanthasamy @ Vazhathanadu (C.PNo.5414) has confined at Central Prison,Madurai and he wants 30 days ordinary leave to make financial assistance for construction his house https://hcservices.ecourts.gov.in/hcservices/

and to solve family problem and he has given a representation dated 12.06.2015 before the second respondent to grant ordinary leave for 30 days and since no order has been passed, the petitioner has come before this Court.

4. The learned Special Government Pleader submitted that the first respondent is the competent person to accord sanction for grant of ordinary leave but the petitioner's representation has been received by the third respondent.

5. Considering the facts and circumstances of the case,the third respondent is directed to forward the representation given by the petitioner to the first respondent through the second respondent. On receipt of the same, the first respondent is directed consider his representation and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of copy of this order.

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

Sd/- Assistant Registrar (Per.Admn) /True Copy/ Sub Assistant Registrar ses To 1.The Secretary to Governemnt,Home (Prison IV) Department, Secretariat,Fort St.Geroge,Chennai - 600 009. 2.The Additional Director General of Prison,O/o.The Additional Director General of Prison,No.1, Gandhi Erwin Road, Egmore, Chennai - 08.

3.The Superintendent of Prison,Central Prison,Madurai. +1CC to Spl.Government Pleader Sr.no.56682 GJM/SKS/RR/9.10.15-2P-5C Order made in W.P(MD)No.10500 of 2015 Dated:23.09.2015 https://hcservices.ecourts.gov.in/hcservices/