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Madras High CourtWP(MD)/10288/2016disposed of

A.Francis v. The Superintendent

2016-06-10Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.10288 of 2016 A.Francis ... Petitioner -vs1.The Superintendent Central Prison Palayamkottai Tirunelveli District 2.The Inspector of Police, Kollemcode Police Station Kanyakumari District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 1st respondent to grant emergency leave for a period of 15 days to the petitioner's son by name Sathish, S/o.A.Francis, who is being confined at Central Prison, Palayamkottai, Tirunelveli District as a life convict pursuant to the judgment passed by the learned Principal District and Sessions Judge, Kanyakumari Division, Nagercoil in S.C.No.141 of 2007 vide his judgment dated 21.04.2009.

For Petitioner : M/s.R.Anand For Respondents : Mr.D.Muruganandam, Addl. Govt. Pleader.

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the 1st respondent to grant emergency leave for a period of 15 days to the petitioner's son by name Sathish, S/o.A.Francis, who is being confined at Central Prison, Palayamkottai, Tirunelveli District as a life convict pursuant to the judgment passed by the learned Principal District and Sessions Judge, Kanyakumari Division, Nagercoil in S.C.No.141 of 2007 vide his judgment dated 21.04.2009.

2.Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 4.The learned Additional Government Pleader appearing for the respondent, on instructions, would submit that the respondents are yet to consider the representation of the petitioner dated 12.05.2016. https://hcservices.ecourts.gov.in/hcservices/

5.In view of the above, the respondents are directed to pass orders positively on Monday (13.06.2016), having regard to the fact that the mother of the life convict is stated to be in critical condition and also taking into account on the previous occasion, six days emergency leave has been granted and the petitioner has complied with all the conditions imposed therein.

The writ petition is disposed of with the above direction. No costs.

Sd/ Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent Central Prison Palayamkottai Tirunelveli District 2.The Inspector of Police, Kollemcode Police Station Kanyakumari District.

3. The Special Govt.Pleader Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.R.Anand, Advocate in SR.No.29629 ORDER MADE IN W.P(MD)No.10288 of 2016 10.06.2016 RR PA/GSV-PM/SAR I/10.06.2016/2P/5C(IT) https://hcservices.ecourts.gov.in/hcservices/