Kani v. The Principal Secretary To Govt. Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.05.2021

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.THARANI Kani : Petitioner .vs.

1. The Principal Secretary to Government of Tamil Nadu, Home (Prison-IV) Department, Fort St. George, Chennai-600 009.

2. The Additional Director General of Police/ Inspector General of Prisons, No.1, Gandhi Irwin Salai, Egmore, Chennai-600 008.

3. The Deputy Inspector General of Prisons Madurai Range, Central Prison Campus, Madurai.

4. The Superintendent of Prisons, Central Prison, Madurai.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant Ordinary Leave (Parole) to the petitioner's son namely Prasath, S/o.Manoharan, Convict Prisoner (C.P) No.687, now confined at Central Prison, Madurai for a period of two months by considering the petitioner's representation, dated 17.05.2021 and for other reliefs.

For Petitioner :Mr.J.Lawrance For Respondents :Mr.S.Ravi Standing Counsel

O R D E R

********* [Order of the Court was made by V.M.VELUMANI, J.] The petitioner has come forward with this writ petition for issuance of a Writ of Mandamus directing the respondents to grant 1/3

Ordinary Leave (Parole) to the petitioner's son namely, Prasath, S/o.Manoharan, Convict Prisoner (C.P) No.687, now confined at Central Prison, Madurai for a period of two months by considering the petitioner's representation, dated 17.05.2021.

2. According to the petitioner, her son was convicted and sentenced to undergo 7 years rigorous imprisonment for an offence under Section 304(i) of IPC. Her son is in prison for the past 1 1⁄2 years. Due to conviction and imprisonment of petitioner's son, health condition of her husband (father of the convict) has been deteriorated and he was taken Psychiatrist treatment. Doctors advised that if the son stays with his father for few months, the health condition of her husband will improve. According to the petitioner, for the past 1 1⁄2 years her son is behaving in the prison with utmost obedience and sincerity and has not at all violated any terms and conditions of the convicts. Further, he has not applied for any Ordinary Leave/Parole. The petitioner gave representation, dated 17.05.2021, to the respondents and has come out with the present writ petition.

3. The learned counsel appearing for the petitioner submitted that the convict has not involved in any illegal acts in the Prison premises and prayed for grant of Ordinary Leave (Parole) to the petitioner's son.

4. Heard Mr.J.Lawrance, learned counsel appearing for the petitioner and Mr.S.Ravi, learned Standing Counsel appearing for the respondents and perused the materials available on record.

5. Considering the above materials, the fourth respondent is directed to consider the representation of the petitioner, dated 17.05.2021 as per the rules and pass orders on merits and 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, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar/ Vacation Officer () // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

am 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 Principal Secretary to Government of Tamil Nadu, Home (Prison-IV) Department, Fort St. George, Chennai-600 009.

2. The Additional Director General of Police/ Inspector General of Prisons, No.1, Gandhi Irwin Salai, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prisons Madurai Range, Central Prison Campus, Madurai.

4. The Superintendent of Prisons, Central Prison, Madurai.

5.The Joint Secretary to Government, Public(Law & Order) Fort St. George, Chennai-9.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-18607[F] dated 27/05/2021 ) ORDER MADE IN 26.05.2021 VB(02/06/2021) 3P / 8C 3/3