Parole case copy In the High Court of Judicature at Madras (Special Original Jurisdiction) W.P. No. of 2022 S.Padma (80 years) W/o Sankaranarayanan No.458, Gangaiyamman Kovil Street Bramhapuram

In the High Court of Judicature at Madras
(Special Original Jurisdiction)
W.P. No. of 2022

S.Padma (80 years)
W/o Sankaranarayanan
No.458, Gangaiyamman Kovil Street
Bramhapuram
Vellore 632 014 … Petitioner

vs

1.. The State of Tamil Nadu,
rep. by the Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.

2..The Additional Director General of Police & I.G. of Prisons ,
Gandhi Irwin Road,
Egmore, Chennai. 600 008

3. The Superintendent of Prison
Central Prison
Vellore 632 002 … Respondents

AFFIDAVIT
I, S. Padma, W/o Sankaranarayanan , aged about 80 years, presently residing at No.458, Gangaiyamman Kovil Street, Bramhapuram, Vellore 632 014 having come to Chennai do hereby on solemn affirmation state as under:

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1.. I am the petitioner herein. I am conversant with the facts of the case. I am competent to file this affidavit.

2. I state that my daughter, S.Nalini, and my son-in-law Mr.Sriharan @ Murugan are life convicts. My daughter S. Nalini is on parole and she is staying with me at the above address. My son-in-law is confined in the Central Prison, Vellore. My son-in-law Mr.Sriharan @ Murugan, has already undergone more than 30 years of imprisonment. As early as on 9.9.2018, the Council of Ministers of Tamil Nadu had advised the Governor of Tamil Nadu to release my son-in-law under Article 161 of the Constitution of India. He has not yet been released as per the advice of the Council of Ministers of Tamil Nadu. The Government of Tamil Nadu had initially granted my daughter S. Nalini leave for a period of 30 days i.e. up to 27.1.2022 and the period of leave was further extended initially up to 27.2.2022 and recently up to 28.3.2022. Though my daughter and my son-in-law are similarly placed, my son-in-law has not been granted leave enabling him to stay with his wife despite his representation dated 3.1.2022. After my daughter’s release on leave, my daughter had also made a representation dated 13.1.2022 to respondents 1 and 2. The said representations have not yet been considered. My son-in-law needs medical treatment and if he is released on leave and allowed to stay with us, we will be in a position to look after him. Hence this writ petition on the following ground:

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GROUND
It is submitted that respondent no.1-State of Tamil Nadu ought to have considered the representations of the petitioner’s son-in-law dated 3.1.2022 as well as the representation of the petitioner’s daughter dated 13.1.2022 and ought to have granted one month’s leave to the petitioner’s son-in-law. . The failure of respondent no.1-State of Tamil Nadu to grant one month’s leave to the petitioner’s son-in-law Mr. Mr.Sriharan @ Murugan would be violative of Articles 14 and 21 of the Constitution.

3. I state that I have no equally efficacious alternative remedy but to approach the Hon’ble Court by way of this Writ Petition under Art.226 of Constitution of India.

4. I state that I have not filed any other petition in the Hon’ble Court or in any other Court with regard to the subject matter of this writ petition.

For the reasons stated above, it is prayed that the Hon’ble Court be pleased to issue a WRIT OF MANDAMUS directing respondent no.1-State of Tamil Nadu to grant one month’s leave to the petitioner’s son-in-law Mr.Sriharan @ Murugan, (Convict No.12840), son of Mr.Vetrivel confined in respondent no.3-Central Prison, Vellore, and thus render justice.

Solemnly affirmed at Vellore
this the 14th day of March 2022
and signed her name in my Before me
presence.

Memorandum of Writ petition under 226 of the Constitution
In the High Court of Judicature at Madras
(Special Original Jurisdiction)

W.P. No. of 2022
S.Padma (80 years)
W/o Sankaranarayanan
No.458, Gangaiyamman Kovil Street
Bramhapuram
Vellore 632 014 … Petitioner

vs

1.. The State of Tamil Nadu,
rep. by the Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai-600 009.

2..The Additional Director General of Police & I.G. of Prisons ,
Gandhi Irwin Road,
Egmore, Chennai. 600 008

3. The Superintendent of Prison
Central Prison
Vellore 632 002 … Respondents
WRIT PETITION

1.. The address for service of the petitioner is that of her counsel: M.Radhakrishnan and S.Nadhiya , Advocates, 134, Thambu Chetty Street, Chennai. 600 001.
2.. The address for service on the respondent is as stated above.

3.. For the reasons stated in the accompanying affidavit, , it is prayed that the Hon’ble Court be pleased to issue a WRIT OF MANDAMUS directing respondent no.1-State of Tamil Nadu to grant one month’s leave to the petitioner’s son-in-law Mr.Sriharan @ Murugan, (Convict No.12840), son of Mr.Vetrivel confined in respondent no.3-Central Prison, Vellore, and thus render justice.

Dated at Chennai this the 14th day of March 2022
Counsel for the petitioner