Muthu Irulayee v. Jail Superintendent Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.11446 of 2016 Muthu Irulayee ... Petitioner -vs1.

Jail Superintendent of Prison, Central Jail, Madurai.

2.

The Inspector of Police, Thirupatsethi Police Station, Sivagangai, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondent to consider the petitioner's parole application and to release her husband forthwith for 10 days to take treatment of his father's serious illness, who is nearing his last breath and for the partition detailed of his father's property. For Petitioner :

Mrs.Muthu Irulayee Party-in-Person For Respondents :

Mr.D.Muruganandam, Addl. Govt. Pleader

O R D E R

The writ petition has been filed, seeking a direction to the 1st respondent to consider the petitioner's parole application for grant of parole to her husband for 10 days, so as to enable him to arrange finance for the treatment of his father's illness and also for partition of his father's property.

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

3. Learned counsel for the petitioner has submitted that the husband of the petitioner, namely, Malaikannu, is undergoing Life Imprisonment at Central Prison, Madurai; that the appeal preferred by the prisoner was dismissed by this Court, against which, the Special Leave Petition filed before the Hon'ble Supreme Court is https://hcservices.ecourts.gov.in/hcservices/

pending; that the petitioner's father-in-law / prisoner's father, due to his old age, is on his death bed and the petitioner, being a lady is not able to mobilize funds for his treatment and the partition of her father-in-law's property; that she made a representation dated 22.06.2016 to the 1st respondent along with medical and poverty certificates for grant of parole to her husband and that since no action was taken thereon, the petitioner has approached this Court with the relief above stated.

4. In view of the limited scope of prayer sought for by the petitioner, the 1st respondent is directed to consider the representation dated 22.06.2016 of the petitioner and pass appropriate orders thereon on merits and in accordance with law as expeditiously as possible.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS) To:

1.

Jail Superintendent of Prison, Central Jail, Madurai.

2.

The Inspector of Police, Thirupatsethi Police Station, Sivagangai, Sivagangai District.

+1cc to Mrs.V.Jeyarani, Advocate, Sr.No.33970 ar JM/GSV-PM/SAR-II/30.06.2016/2P-4C W.P. (MD)No.11446 of 2016 29.06.2016 https://hcservices.ecourts.gov.in/hcservices/