Susila Muniyappan v. Additional Inspector General Of Police (Prison)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Susila Muniyappan ... Petitioner Vs.
1. Additional Inspector General of Police (Prison) Thalamuthu Natarajan Building, Gandhi Irwin Road, CMDA Building, Egmore, Chennai 600 008.
2. Deputy Inspector General of Prison, Coimbatore Range, Coimbatore.
3. The Superintendent of Prison, Central Prison, Coimbatore.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 3rd respondent herein to grant 3 months leave without police escort to the petitioner's son Govindhan @ Govindhasami, Son of Muniyappan Prisoner No.LCT No.10072 who is undergoing imprisonment in the 3rd respondent prison pursuant to the representation dated 29.01.2024.
For Petitioner :
Mr.T. Muruganantham For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
(Order of the Court was made by M.S.RAMESH, J.) The petitioner, who is the mother of the convict prisoner namely Govindhan @ Govindhasami, Son of Muniyappan, now confined in the Central Prison, Coimbatore, has come forward with this writ petition to direct the 3rd respondent to grant three months leave without escort to the detenu.
2. The case of the petitioner is that her son is a life convict prisoner, bearing LCT No.10072, who was convicted for the offences under Sections 376(2)(f) and 302 IPC and sentenced to undergo imprisonment for two life sentences by the learned Additional Sessions Judge, (Fast Track Court1), Erode, in S.C. No.18/2007 dated 05.06.2007 and has been serving the sentence in the prison. The case of the petitioner is that she is a physically challenged lady suffering from paralytic stroke and is now
bedridden and hence she needs her son's presence for making arrangements for her treatment in a private hospital. Hence, On 29.01.2024, she submitted a representation to the respondents through registered post requesting the respondents to grant leave to her son. Since the same has not been considered till date, she has come forward with this writ petition. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 4.Having regard to the limited scope of the prayer in the writ petition, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this writ petition, directs the 2nd respondent to consider the representation of the petitioner, dated 29.01.2024 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner.
5.With the above direction, this writ petition is disposed of. No costs. [M.S.R., J] [S.M., J] 08.02.2024 bga Internet : Yes Index : Yes / No To
1. Additional Inspector General of Police (Prison) Thalamuthu Natarajan Building, Gandhi Irwin Road, CMDA Building, Egmore, Chennai 600 008.
2. Deputy Inspector General of Prison, Coimbatore Range, Coimbatore.
3. The Superintendent of Prison, Central Prison, Coimbatore.
M.S.RAMESH , J.
and SUNDER MOHAN, J.
bga 08.02.2024