Baskar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU Baskar ... Petitioner -vs1.The State of Tamil Nadu represented by the Secretary to Government, Home (Prison-IV)Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Additional Director General of Police/ The Inspector General of Prisons, C.M.D.A.Towers II, No.1, Ganthi Irvin Road, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prison, Trichy Range, Trichy.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the first to fourth respondents to extend the parole granted to the petitioner by the third respondent on 18.06.2021 for a period of further 60 days from 02.08.2021, by considering the petitioner's health condition and also his representation dated 22.07.2021.

For Petitioner :

Mr.N.Mohideen Basha For Respondents :

Mr.S.Ravi Standing counsel for Government

O R D E R

[Order of the Court was made by V.BHARATHIDASAN, J.] This writ petition has been filed for issuance of a Writ of Mandamus directing the respondents 1 to 4 to extend the parole granted to the petitioner by the third respondent on 18.06.2021, for a period of 60 days from 02.08.2021, by considering the petitioner's health condition and also his representation dated 22.07.2021. 1/3

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing counsel appearing for the State would submit that the petitioner was granted leave by the prison authorities and thereafter, on the request of the petitioner, the leave period also extended by the authorities. Now, the petitioner seeking further extension of leave.

3. Considering the fact that already leave was granted to the petitioner by the authorities which was also extended further, if at all the petitioner wants further extension, he has to approach the authorities, without doing so, we cannot maintain this writ petition and the prayer sought for in this writ petition is not maintainable. Hence, the Writ Petition is dismissed. However, if the petitioner wants further extension of leave, it is always open to the petitioner to approach the prison authorities seeking leave. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) akv 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, Home (Prison-IV)Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Additional Director General of Police/ The Inspector General of Prisons, C.M.D.A.Towers II, No.1, Ganthi Irvin Road, Egmore, Chennai-600 008.

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3.The Deputy Inspector General of Prison, Trichy Range, Trichy.

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

02.08.2021 RK (11.08.2021) 3P 5C 3/3