Selvi v. The Secretary

W.P.(MD)No.19491 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2019 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.19491 of 2019 Selvi ... Petitioner Vs.

1.The Secretary, Home Department, Government Of Tamil Nadu, St.George Fort, Chennai-600 008.

2.The Additional Director General of prison, C.M.D.A Towers, Egmore, Chennai-600 008.

3.The Superintendent, Central Prison, Madurai-625 016.

... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to grant parole/ordinary leave for a period of one month to the petitioner's husband namely Karuppasamy @ Rajendran (C.P.No.9714) who is in the custody of the third respondent herein by considering the petitioner's representation dated 03.07.2019. For Petitioner : Mr.D.Rameshkumar For Respondents : Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

The prayer sought for in the present writ petition is to direct the respondents to grant parole/ordinary leave for a period of one month to the petitioner's husband namely Karuppasamy @ Rajendran (C.P.No.9714), who is in the custody of the third respondent herein by considering the petitioner's representation dated 03.07.2019.

2. The learned counsel appearing for the petitioner would submit that the petitioner's husband was convicted and sentenced to undergo 7 years Rigorous Imprisonment. Now, he is under incarceration at the third respondent prison and the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.19491 of 2019 husband's Convict Prisoner Number is CP.No.9714. He would further submitted that the grandmother of the petitioner's husband is in her dead-bed. In order to make some family arrangements as well as partition, the petitioner's husband presence is very much required. Therefore, he sought for granting parole/ordinary leave for a period of one month to the petitioner's husband. In this regard, she made a representation to the respondents on 03.07.2019 and the same is still pending.

3. The learned Additional Public Prosecutor would submit that the Deputy Inspector General, Central Prison, Madurai, conducted an enquiry on the representation given by the petitioner and rejected the same for the reason, the petitioner's husband conduct was not good in the prison. Therefore, the prayer sought for by the petitioner has become infructuous.

4. In view of the submission made by the learned Additional Public Prosecutor, this Writ Petition is dismissed as infructuous. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The Secretary, Home Department, Government Of Tamil Nadu, St.George Fort, Chennai-600 008.

2.The Additional Director General of prison, C.M.D.A Towers, Egmore, Chennai-600 008.

3.The Superintendent, Central Prison, Madurai-625 016.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD)No.19491 of 2019 20.09.2019 dss JM/03.10.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2