Madras High CourtWP(MD)/7559/2017closed

Chitra, W/O.Gopi @ Devendran v. The Superintendent Of Prison

2017-04-24Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD)No.7559 of 2017 Chitra ... Petitioner Vs.

1.The Superintendent of Prison, Central Prison, Tiruchirappalli.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Inspector of Police, Nachiyarkovil Police Station, Thanjavur District. ... Respondents Prayer:

Writ petition is filed Under Article 226 of Constitution of India, for issuance of a Writ of Mandamus directing the first respondent to grant parole for a period of 15 days to the petitioner's husband Gobi @ Devendran, S/o Marimuthu for attending his mother's funeral ceremony based on the representation dated 20.04.2017.

For Petitioner : Mr.M.Karunanithi For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

The petitioner is seeking parole for her husband Gopi @ Devendran, a life convict, for attending funeral obsequious in connection with the death of his mother, who is said to have been died on 10.04.2017.

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

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3. The learned Additional Government Pleader submitted that for performing such functions, the Superintendent of Prison

cannot grant emergency leave and it is only the Deputy Inspector General for Prisons.

4. In view of the above, the petitioner is directed to make representation to the Deputy Inspector General for Prisons and on such representation being made, the same shall be considered by the Deputy Inspector General for Prisons and the Deputy Inspector General for Prisons may also explore the possibility of sending the prisoner under the police escort in the morning and bringing him back in the evening.

5. With the above directions, this Writ Petition is closed.

SD ASST REGISTRAR ( CS II ) TRUE COPY SUB ASST REGISTRAR ssl/das To 1.The Deputy Inspector General of Prison, Chennai.

2.The Superintendent of Prison, Central Prison, Tiruchirappalli.

3.The Superintendent of Police, Thanjavur District, Thanjavur.

4.The Inspector of Police, Nachiyarkovil Police Station, Thanjavur District.

1CC TO MR. M. KARUNANITHI, ADVOCATE SR: 53681 1CC TO THE SPL Government PLEADER SR: 53957 AM SKN RSK SAR 4/25/04/2017 2P 7C W.P.(MD)No.7559 of 2017 24.04.2017 https://hcservices.ecourts.gov.in/hcservices/