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Madras High CourtWP(MD)/7368/2017closed

Thoorkarumbu @ Muniyappan v. The Home Secretary

2017-04-20Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD)No.7368 of 2017 Thoorkarumbu @ Muniappan ... Petitioner Vs.

1. The Home Secretary, Government of Tamil Nadu, St.George fort.

Chennai - 6 2.The Superintendent, Central Prison, Vellore -

2. ... Respondents Prayer: Writ petition is filed Under Article 226 of Constitution of India, for issuance of a Writ of Mandamus directing the second respondent to extent the parole period of further 10 days on the basis of the petitioner's representation dated 18.04.2017 in order to look after the petitioner's mother's health. For Petitioner : Mr.S.Ramasamy For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

It is seen that the petitioner is a life convict (Convict No.1467) and serving his life sentence in the Central Prison, Vellore. While so the petitioner was granted leave under the Tamil Nadu Suspension of sentence Rule on 17.04.2017 to see his ailing mother and he was required to return back to the prison on 21.04.2017. Now the petitioner is before this Court for a direction to extend the parole.

2. In the considered opinion of this Court, this prayer cannot be granted in the light of Rule 34 of the Tamil Nadu Suspension of sentence Rule. It is only the Government who can grant extension of parole to a prisoner who is already on parole. Hence, this Writ Petition is closed with a direction to the petitioner to report to the Central Prison, Vellore on or before 05.00 p.m. on 21.04.2017 and thereafter make an application for fresh leave and on such application being given, the same shall be considered in accordance with extent Rules.

Sd/- Assistant Registrar(Protocol) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub-Assisttant Registrar

To

1. The Home Secretary to, Government of Tamil Nadu, St.George fort.

Chennai - 6 2.The Superintendent, Central Prison, Vellore - 2.

+One cc to The Special Government Pleader, SR.No.53445 das/ssl RL/4C/2P/SKN/SAR4/3.5.2017 W.P.(MD)No.7368 of 2017 20.04.2017 https://hcservices.ecourts.gov.in/hcservices/