Sethupathiraja v. The Deputy Inspector General (Prisons)

W.P.(MD) No.10618 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.(MD) No.10618 of 2021 Sethupathiraja ... Petitioner -vs1.The Deputy Inspector General (Prisons), Madurai Circle, Madurai - 625 016.

2.The Superintendent, Central Prison, Madurai - 625 018.

3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents 1 and 2 to grant parole for one month to the petitioner's father namely Ramachandran, Life Convict [CP No.5439/2014], detained as convicted prisoner in Central Prison, Madurai.

For Petitioner : Mr.S.Veeranasamy For Respondents : Mr.S.Ravi Standing Counsel for Government

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) The Writ Petition has been filed, seeking for one month parole to the petitioner's father, namely, Ramachandran, Life Convict [CP No.5439/2014], detained as convicted prisoner in Central Prison, Madurai.

2.According to the petitioner, his father was convicted for the offence under Section 302 I.P.C. and the appeal is pending before the Hon'ble Apex Court in C.A.No.803 of 2012. His father is detained in Central Prison, Madurai. Since he is suffering due to diabetic and diagnosed 'Cellulitis Left Upper Limb'' and it required immediate treatment, the petitioner made an application dated 13.05.2021, before the second respondent, seeking for ordinary leave. As the same was not considered, he filed the present Writ Petition.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.10618 of 2021 3.Heard Mr.S.Veeranasamy, learned counsel for the petitioner and Mr.S.Ravi, learned Standing Counsel for Government, appearing for the respondents.

4.Mr.S.Veerasamy, learned counsel for the petitioner, would fairly submit that the petitioner would be satisfied, if his representation dated 13.05.2021, which is pending before the second respondent, is directed to be considered.

5.Considering the limited scope of the prayer now sought for, without going into the merits of the claim made by the petitioner, we direct the second respondent to consider the representation of the petitioner dated 13.05.2021 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.The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) sj 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 Deputy Inspector General (Prisons), Madurai Circle, Madurai - 625 016.

2.The Superintendent, Central Prison, Madurai - 625 018.

3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

+1 CC to M/s.S.VEERANASAMY, Advocate ( SR-25537[F] dated 06/08/2021) W.P.(MD) No.10618 of 2021 04.08.2021 RK (11.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2