V. Ulagammal v. State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.05.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD)No.8012 of 2015 V.Ulagammal .. Petitioner Vs.

1. State of Tamil Nadu, Represented by the Secretary to Government, Home, Prohibition and Excise Department, Fort. St.George, Chennai-600 009.

2. The District Collector and District Magistrate, Tirunelveli District, Tirunelveli.

3. The Superintendent of Police, Central Prison, Palayamkottai.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to grant emergency leave on 20.05.2015 from 06.00 a.m. to 06.00 p.m. to the petitioner's son Arul Ulaganathan, son of Vanumamali, aged about 37 years, who is now confined at Central Prison, Palayamkottai thereby enabling the petitioner's son to attend his brother marriage which is scheduled to be held on 20.05.2015 at Baskar Wedding Hall, Kalakkadu, Tirunelveli District.

For Petitioner : Mr.K.Sudalaiyandi For Respondents : Mr.M.Muthukaruppan Additional Government Pleader

O R D E R

This writ petition has been filed for grant of emergency leave to the petitioner's son to attend his brother's wedding on 20.05.2015.

2. Heard the learned Counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. The request has been rejected by the Superintendent of Prison on the ground that Habaes Corpus Petition has been filed and the same is pending and the petitioner's son is a detenue detained under the Tamil Nadu Act 14 of 1982 and the Superintendent of Prison has no power to release the detenue on parole.

4. The learned Counsel for the petitioner submitted that the petitioner may be permitted to file appropriate miscellaneous petition in the pending Habaes Corpus Petition.

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5. In the light of the above, the writ petition stands disposed of, giving liberty to the petitioner to move before the Division Bench of this Court for appropriate relief. No costs.

Sd/- Vacation Officer /True copy/ Sub Assistant Registrar To

1. The Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Fort. St.George, Chennai-600 009.

2. The District Collector and District Magistrate, Tirunelveli District, Tirunelveli.

3. The Superintendent of Police, Central Prison, Palayamkottai.

+1CC TO THE SPECIAL GOVERNMENT PLEADER, IN SR : 25418 Ssl SR/IV : 15.05.2015 : 2p/5c W.P.(MD)No.8012 of 2015 13.05.2015 https://hcservices.ecourts.gov.in/hcservices/