Madras High CourtWP(MD)/1983/2016disposed of

Kalaiselvi v. State Of Tamilnadu Rep By The

2016-01-29Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.1983 of 2016 Kalaiselvi W/o.Muthu @ Poovarna Muthu Valavallan,Eral Post Srivaikundam Taluk Thoothukudi District : Petitioner Vs.

1.State of Tamil Nadu rep. By the Principal Secretary to Government Home (Prison V) Department, Secretariat, St. George Fort, Chennai.

2.The Superintendent of Police, Central Prison, Palayamkottai.

3.The Inspector of Police, Thoothukudi Central Police Station, Thoothukudi,Thoothukudi District Crime No.364 of 2000 : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to release the petitioner's husband Muthu @ Poovarna Muthu on parole for the period of one month who has been confined at Palayamkottai, Central Prison to attend the marriage of his daughter namely, Nattar Jothi with Kugan Raj S/o.Dharmar Nadar to be solemnized on 03.02.2016 at Valavallan, Eral Post, Srivaikundam Taluk Thoothukudi District. For Petitioner : Mr.S.R.Anbarasu For Respondents : Mr.D.Muruganandham Additional Government Pleader ****

O R D E R

This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus to direct the respondents to release the petitioner's husband Muthu @ Poovarna Muthu on parole for the period of one month, who has been confined at Palayamkottai, Central Prison to attend the marriage of his daughter namely, Nattar Jothi with Kugan Raj, S/o.Dharmar Nadar to be solemnized on 03.02.2016 at Valavallan, Eral Post, Srivaikundam Taluk Thoothukudi District.

2.Heard the counsel appearing for the petitioner and the Additional Government Pleader appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3.It is seen that the petitioner has made a representation to the respondents dated 19.01.2016. However, the same has not been considered so far and hence, the petitioner has come forward with the aforesaid prayer.

4. Considering the facts and circumstances of the case, the 2nd respondent is directed to ascertain about the conduct of the accused and full particulars in order to consider the request of the petitioner to enable the life convict to go on leave. As the marriage is fixed on 03.02.2016, the 2nd respondent is directed to consider the request of the petitioner in terms of Rules 6, 13 and 20 to 25 and other provisions of the Tamil Nadu Suspension of Sentence Rules 1982 and pass appropriate orders on merits and in accordance with law on or before 01.02.2016. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

To 1.The Principal Secretary to Government Home (Prison V) Department, Secretariat, St. George Fort, Chennai.

2.The Superintendent of Police, Central Prison, Palayamkottai.

3.The Inspector of Police, Thoothukudi Central Police Station, Thoothukudi, Thoothukudi District +1cc to M/S.S.R.Anbarasu , Advocate in SR.No. 5528 TS/29.01.2016/2P-5C/GSV-AN/SAR AE W.P(MD)No.1983 of 2016 29.01.2016 https://hcservices.ecourts.gov.in/hcservices/