1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07/12/2011 C O R A M THE HONOURABLE Mr.JUSTICE V.RAMASUBRAMANIAN rit Petition (MD) No.13873 of 2011 M.Ismath ... Petitioner Vs 1.The Additional Director General of Police, O/o. The Additional Director General of Police, Egmore, Chennai. 2.The Superintendent Central Prison, Palayamkottai, Tirunelveli. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents 1 and 2 to grant ordinary parole leave for a period of one month to the petitioner's son Shiek Ali. For petitioner ... Mr.S.M.A.Jinnah For Respondents ... Mr.K.P.Krishnadoss Government Advocate O R D E R The petitioner has come up with the above writ petition seeking a mandamus to direct the respondents 1 and 2 to grant ordinary leave to the petitioner's son, for a period of one month to enable him to settle the family affairs. 2. Heard Mr.S.M.A.Jinnah, learned counsel for the petitioner. Mr.K.P.Krishnadoss, learned Government Advocate, takes notice for the respondents. 3. The petitioner's son was convicted in S.C.No.679 of 2000, for an offence under Section 304(I) read with Section 34 IPC and sentenced to seven years rigorous imprisonment. The conviction and sentenced were confirmed by this Court in C.A.No.836 of 2003. The Special Leave Petition filed by him was also dismissed. 4. The petitioner is now undergoing the sentence in Palayamkottai Central Prison. He has now completed more than three years of incarceration. 5. The petitioner made a representation, dated 10.11.2011, to the first respondent seeking ordinary leave for a period of one month for his son. But the said representation is not yet disposed of. 6. The learned Government Advocate stated, on instruction, that the power to grant ordinary leave vests only with the Deputy Inspector General of Prisons and that a report has already been called for from the Probationary Officer, Tenkasi, in terms of Rule 24. The Superintendent of https://hcservices.ecourts.gov.in/hcservices/ 2 Prison has stated in his communication to the learned Government Advocate that upon the receipt of the report from the Probationary Officer, necessary proposals will be submitted to the Deputy Inspector General of Prisons, Madurai and that the representation of the petitioner will be considered on merits. 7. In view of the above, the writ petition is disposed of directing the second respondent to forward the proposals along with the report of the Probationary Officer and the Inspector of Police, Tenkasi, to the Deputy Inspector General of Prisons, Madurai, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of the proposals from the second respondent, the Deputy Inspector General of Prisons, Madurai, is directed to consider the same and pass appropriate orders in accordance with law within a period of two weeks, having regard to the provisions of Section 22 of the Tamil Nadu Suspension of Sentence Rules 1988, keeping in mind the spirit behind the Rules. No costs. sd/- Assistant Registrar (A.S) /True Copy/ Sub Assistant Registrar To 1.The Additional Director General of Police, O/o. The Additional Director General of Police, Egmore, Chennai. 2.The Superintendent Central Prison, Palayamkottai, Tirunelveli. Copy To: The Deputy Inspector General of Prisons, Madurai. + 1 cc to The Special Government Pleader, SR No.42910 W.P.(MD) No.13873 of 2011 07.12.2011 RR RJ/16.12.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/