Kaliammal v. The Secretary To Govt.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.8453 of 2021 Kaliammal .. Petitioner Vs

1. The Secretary to Government, Department of Home, Fort St.George, Chennai - 600 009.

2. The Director General of Prisons, Chennai - 600 008.

3. The Superintendent of Prison, Central Prison, Puzhal, Tiruvallur District.

4. The Superintendent of Prison, Central Prison, Trichy.

...respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing respondents to release the petitioner son P.Sakthivel S/o.Palanisamy, life convict prisoner on 4 weeks parole from the 4th respondent Trichy Central Prison for giving emergent Medical Treatment to save his life. For Petitioner : Mr.R.Murugappan For respondents : Mr.S.Chandrasekar, Additional Public Prosecutor

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] This writ petition is filed by the petitioner for a direction upon the respondents to release the petitioner's son P.Sakthivel, S/o.Palanisamy, life convict prisoner on 4 weeks parole from the 4th respondent-Trichy Central Prison, for giving emergent medical treatment to save his life.

2. Mr.S.Chandrasekar, the learned Additional Public Prosecutor appearing for the respondents has produced a written instruction from the 4th respondent, which shows that he has got no power to grant ordinary leave to the petitioner's son. 3.The request made by the petitioner's son for pre-mature release has also been rejected by the Government. The medical condition of the convict prisioner has been certified to be stable as of now. Therefore, the relief as such sought for cannot be granted.

4. Accordingly, the writ petition stands dismissed. No costs. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Secretary to Government, Department of Home, Fort St.George, Chennai - 600 009.

2. The Director General of Prisons, Chennai - 600 008.

3. The Superintendent of Prison, Central Prison, Puzhal, Tiruvallur District.

4. The Superintendent of Prison, Central Prison, Trichy.

W.P.(MD) No.8453 of 2021 23.04.2021 RK(11.05.2021) 3P 5C