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Madras High CourtWP/1935/2023disposed of

T.Alice Jesintha v. The Secretary To Government Of Tamil Nadu

2023-01-25Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN T.Alice Jesintha ... Petitioner Vs.

1. The Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Additional Director General of Police for Prisons, Thalamuthu Natarajan Maaligai, II Floor, Gandhi Irvin Road, Egmore, Chennai- 600 008.

3. The Superintendent of Prison.

Central Prison, Puzhal -II, Chennai - 600 066.

4. State Rep by, The Inspector of Police, S-14, Peerkankaranai Police Station, Chengalpattu District ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 to 3 to grant "First Class" facility to the petitioner's husband namely Mr.Durai Tamizharasu

S/o. Duraisamy now confined in Central Prison, Puzhal, Chennai as per the law ans Prisoner Manual by considering the petitioner's dated 08.12.2022. For Petitioner : Mr.R.Sasikumar For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

The Writ Petition has been filed to direct the respondents 1 to 3 to grant "First Class" facility to the petitioner's husband namely Mr.Durai Tamizharasu S/o. Duraisamy now confined in Central Prison, Puzhal, Chennai as per the law ans Prisoner Manual by considering the petitioner's representation dated 08.12.2022.

2.The learned counsel appearing for the petitioner submitted that petitioner's husband was detained under Goondas Act 14 of 1982 by order dated 15.08.2022 in D.No.125/BCDFGISSSV/2022 on the file of the District Collector, Chennai. He further submitted that the petitioner's husband is suffering from diabetes and kidney stones. Therefore, petitioner made a representation on 08.12.2022 before the respondents for grant of "First Class" facility to the petitioner. However, till now, no order was passed, necessitating the filing of the petition.

3.The learned Government Advocate (Crl.side) appearing for the respondents opposes the petition on the ground of maintainability stating that this petition cannot be entertained before this Court.

4. Therefore, this Writ Petition is disposed of giving liberty to the petitioner to approach the concerned Court.

25.01.2023 Index :Yes/No Internet:Yes/No Sma

G.CHANDRASEKHARAN, J.

Sma To

1. The Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Additional Director General of Police for Prisons, Thalamuthu Natarajan Maaligai, II Floor, Gandhi Irvin Road, Egmore, Chennai- 600 008.

3. The Superintendent of Prison.

Central Prison, Puzhal -II, Chennai - 600 066.

4. The Inspector of Police, S-14, Peerkankaranai Police Station, Chengalpattu District 5.The Public Prosecutor, High Court of Madras.

25.01.2023