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Madras High CourtWP(MD)/9716/2016dismissed

S.Mydeen Pitchai v. State Rep. By

2016-06-02Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.9716 of 2016 S.Mydeen Pitchai ... Petitioner -vs1.

State represented by The Secretary to Government, Home (Prison-IV) Department, Secretariat, Fort St.George, Chennai-600 009.

2.

The Additional Director General of Prison, O/o.The Additionial Director General of Prison, CMDA Tower-II, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

3.

The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records in impugned notice in No.2142/tha.ku.1/2016 dated 21.03.2016 and quash the impugned order passed by the Respondent No.3 and further directing the Respondent No.3 to grant one month Parole to the Petitioners brother, namely, Syed Sulaiman.

For Petitioner :

Mr.S.M.A.Jinnah For Respondents :

Mr.D.Muruganandam, Addl. Govt. Pleader

ORDER

This writ petition has been filed, seeking to quash the impugned order in No.2142/tha.ku.1/2016 dated 21.03.2016 passed by the 3rd respondent, in and by which, the petitioner's representation dated 15.03.2016 for grant of parole to his brother Syed Sulaiman, confined to the Central Prison, Palayamkottai as a remand prisoner, was rejected.

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2. A close scrutiny of the relief sought for in this petition would reveal that this Writ Petition is not at all maintainable, as the jurisdiction is vested with the Court dealing with the bail applications, in view of the fact that the petitioner's brother has been lodged in the prison as a remand prisoner.

3. Hence, this petition is dismissed as not maintainable. No costs.

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

1.

The Secretary to Government, Home (Prison-IV) Department, Secretariat, Fort St.George, Chennai-600 009.

2.

The Additional Director General of Prison, O/o.The Additionial Director General of Prison, CMDA Tower-II, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

3.

The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

4.

The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO M/S.S.M.A.JINNAH, ADVOCATE IN SR No. 27892 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 27530/16 AR TE/SK-SKN/SAR-III : 09/06/2016 : 2P/7C W.P(MD)No.9716 of 2016 02.06.2016 https://hcservices.ecourts.gov.in/hcservices/