Malairaja v. The Addl. Director General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.2491 of 2016 Malairaja ... Petitioner -vs1. The Additional Director General of Police (Prisons), Gandhi Irwin Road, Egmore, Chennai.

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

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondent to grant 20 days leave (Parole) to the petitioner's sons, namely, Raja and Muthukumar who is undergoing sentence as life convict in Central Prison, Trichy to make an arrangement to provide necessary medical treatment to the petitioner's wife.

For Petitioner : Mr.P.T.Ramesh Raja For Respondents : Mr.D.Muruganandam Addl. Govt. Pleader

O R D E R

The writ petition has been filed, seeking a direction to the respondent to grant 20 days leave (Parole) to the petitioner's sons, namely, Raja and Muthukumar who is undergoing sentence as life convict in Central Prison, Trichy to make an arrangement to provide necessary medical treatment to the petitioner's wife.

2. When the matter is taken up for hearing, Mr.D.Muruganandam, learned Additional Government Pleader has produced a letter dated 07.06.2016 of the 2nd respondent, addressed to him, wherein it has been stated that emergency leave for six days has been granted to the petitioner's sons, namely, Raja (Life Convict No.10249) and Muthukumar (Life Convict No.10250).

2a. However, learned Additional Government Pleader has represented that though the emergency leave has been granted to the petitioner's sons, the expenditure for providing escorts to https://hcservices.ecourts.gov.in/hcservices/

the Life Convicts should be borne by the petitioner, who only sought parole to his sons.

3. Having regard to the fact that since the petitioner's sons are in confinement as Life Convicts and they have no means to earn money, they cannot be expected to bear the costs for their escort. Therefore, the Superintendent of Central Prison, Central Prison, Trichy / 2nd respondent herein is directed not to demand any money either from the petitioner or from the Life Convicts for providing escorts.

4. Accordingly, with the above observation and direction and also recording the submission made by the learned Additional Government Pleader that already emergency leave for six days has been granted to the petitioner's sons, this Writ Petition is closed. No costs.

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

1. The Additional Director General of Police (Prisons), Gandhi Irwin Road, Egmore, Chennai.

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

+1cc to Mr.P.T.Ramesh Raja, Advocate, Sr.No.29026 +1cc to the Special Government Pleader, Sr.No.28731 ar JM/AAL-MPA/SAR-I/09.06.2016/2P-5C W.P(MD)No.2491 of 2016 07.06.2016 https://hcservices.ecourts.gov.in/hcservices/