Madras High CourtWP(MD)/14113/2020dismissed

K.Mohan v. The Superintendent

2020-10-09Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

W.P.(MD)No.14113 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI W.P.(MD)No.14113 of 2020 K.Mohan : Petitioner Vs.

1.The Superintendent, Central Prison, Madurai.

2.The Inspector of Police, Thiruppuvanam 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 to grant the parole to the petitioner's son namely Ajey Devan aged about 20 years, who is now detained at Central Prison, Madurai for the period of two days (08.10.2020 to 09.10.2020) for conduct and participate the funeral rites by considering the petitioner's representation dated 07.10.2020. For Petitioner : Mr.B.Arun For Respondents : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

(Order of the Court was made by K.KALYANASUNDARAM, J) The prayer in the writ petition is to issue a Writ of Mandamus directing the respondents to grant parole to the petitioner's son, namely, Ajey Devan, who has been detained under the Tamil Nadu Act 1982 to participate, to perform the last rites of his maternal Aunt. 2.Heard Mr.B.Arun, learned counsel for the petitioner and Mr.R.Anandharaj, learned Additional Public Prosecutor appearing for the respondents.

3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor would state that the funeral ceremony of the deceased Packiyalakshmi was performed yesterday i.e., on 08.10.2020 and there is no necessity for the petitioner's son to be released based on the petitioner's representation, dated 07.10.2020. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14113 of 2020 4.In the light of the above submissions, no further order is necessary. Hence, the habeas corpus petition is dismissed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) skn 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 Superintendent, Central Prison, Madurai.

2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

Order made in W.P.(MD)No.14113 of 2020 09.10.2020 PV(CO) KB(02.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2