A writ petition seeking a mandate for parole for a convict husband was dismissed because Tamil Nadu law restricts such prisoners to 'ordinary leave' applications. The court closed the petition with liberty to file a formal leave application.
Liberty granted to submit a proper application for ordinary leave.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2022
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
Writ Petition No.1244 of 2022
V.Amuthavalli
W/o.Venkat @ Venkatesan
..Petitioner
Vs.
Crime No.502 of 2000 ..Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing respondents to issue parole to the petitioner's husband, namely, Venkat @ Venkatesan, who is now confined at Central Prison, Puzhal, as convicted accused, for a period of 30 days.
For Petitioner : Mr.S.Gopinath For Respondents: Mr.R.Muniyapparaj, Additional Public Prosecutor
[Order of the Court was made by P.N.PRAKASH, J]
This petition has been filed seeking a direction to respondents to grant parole to the petitioner's husband, namely, Venkat @ Venkatesan, who is now confined at Central Prison, Puzhal, as convicted accused, for a period of 30 days.
2.The petitioner is seeking parole for 30 days for her husband Venkat @ Venkatesan, who is a convict prisoner. In the State of Tamil Nadu, pursuant to the judgment of the Full Bench
of this Court in State represented by the Home Secretary and 4 others v. Yesu1 a convict prisoner can seek leave only under the Tamil Nadu Suspension of Sentence Rules and not parole.
been submitted by the convict prisoner in this case. Hence, this Writ Petition is closed with liberty to the convict prisoner or the petitioner, on his behalf, to submit a proper leave application to the authorities seeking ordinary leave and on such application being submitted, the authorities shall dispose of the same expeditiously. No costs.
Sd/-
Assistant Registrar(CS-VI)
//True Copy//
Sub Assistant Registrar
gm
To
Writ Petition No.1244 of 2022
RLD(CO)
RGA(10/02/2022)
1 issue framed by the court
W.hethera writ of mandamus can direct the prison authorities to grant parole under a specific constitution Ancak, without first filing an application for ordinary leave under the Tamil Nadu Suspension
Colour shows how this judgement treated each authority
State represented by the Home Secretary and 4 others v. YesuApplied¶18
(2011) 5 CTC 353
V.Amuthavalli
The Superintendent of Police, Central Prison, Puzhal, Chennai
P.N.PRAKASH
R.HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
