Writ of Mandamus can be issued on grounds of “extraordinary” and “emergency” situations

Madras High Court: The Bench comprising of M.V. Muralidaran, J. held that on grounds of extraordinary and emergency situations, courts can grant Writ of Mandamus, for which the petitioner has appealed under Article 226 of the Constitution.

Petitioner has prayed for granting parole leave to her husband for 3 days, who is confined at Central Prison as a life convict. She further stated that her husband’s parole is required as he has to take “arrangements for mortgaging his property”, which is urgently require for fulfilling the needs of his family members and for bearing medical expenses of his mother.

Court granted parole leave to the husband of petitioner taking into consideration the urgency of the matter and stated that necessary police ascots shall be allotted to the husband of the petitioner at the expense of petitioner and all the necessary documents along with the copy of this order must be produced by the petitioner before jail authorities. Court disposed off the writ petition, by giving necessary directions such as, during parole, the remand prisoner shall abide by all the conditions prescribed in the Jail Manual. [U. Periyanayagi v. The Home Secretary, 2017 SCC OnLine Mad 1681, decided on 18.05.2017]

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