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Madras High CourtWP(MD)/20332/2021disposed of

Rameshwari. S v. State Of Tamilnadu Rep By

2021-11-12Honourable Dr Justice G. Jayachandran,Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Rameshwari ... Petitioner Vs.

1.State of Tamilnadu Rep. by, The Principal Secretary, Home (Prison) Department, Fort St. George, Secretariat, Chennai-600 009.

2.The Director General of Police/The Inspector General of Prison, Office of the Director General of Police/ The Inspector General of Prison, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison, Madurai Central Prison Campus, Madurai- 625 016.

4.The Superintendent of Prison, Madurai Central Prison, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to release the petitioner's husband, namely, Saravanan (Life Convict Prisoner No.6045), son of Ramasamy, aged about 49 years, who is now confining at Madurai Central Prison, from the prison on leave for 30 days without escort by considering the petitioner's representation, dated 12.08.2021 in accordance with law. For Petitioner : Mr.R.Prakash For Respondents : Mr.S.Ravi Additional Public Prosecutor 1/3

O R D E R

S.VAIDYANATHAN, J.

And DR.G.JAYACHANDRAN, J.

This petition is filed seeking writ of mandamus to consider the representation of the petitioner dated 12.08.2021 to grant ordinary leave to her husband, namely, Saravanan, (Life convict prisoner) for a period of 30 days.

2. The grant of leave/parole is a prerogative of the executive and it is suffice to direct the third respondent, who is now seized of the representation of the petitioner and according to the learned Additional Public Prosecutor, the matter is under active consideration of the third respondent. Hence, the third respondent is directed to pass appropriate order on the request of the petitioner, in accordance with law, as early as possible and intimate the same to the petitioner herein.

3. Accordingly, this writ petition is disposed of. No Costs. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Secretary, State of Tamilnadu, Home (Prison) Department, Fort St. George, Secretariat, Chennai-600 009.

2/3

2.The Director General of Police/The Inspector General of Prison, Office of the Director General of Police/ The Inspector General of Prison, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison, Madurai Central Prison Campus, Madurai- 625 016.

4.The Superintendent of Prison, Madurai Central Prison, Madurai District.

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

12.11.2021 RS (02.12.2021) 3P 6C 3/3