Tmt.Pechiammal v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.06.2021

CORAM

THE HONOURABLE Mr. JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr. JUSTICE R.PONGIAPPAN W.P.No.5366 of 2021 Pechiammal .. Petitioner Vs.

1. Government of Tamil Nadu, Rep. by its Secretary to Government, Home (Prison IV) Department, Fort St.George, Chennai - 600 009.

2. The Additional Director General of Prison, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Superintendent of Central Prison, Cuddalore Central Prison, Vandipalayam Post, Cuddalore.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to grant leave without escort for 60 days to the petitioner's husband viz., Dhamodaran, S/o.Chidambaram, Life Convict No.14883, confined at Central Prison, Cuddalore. For Petitioner : Mr.A.P.Sathyamurthy For Respondents : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that her husband viz. Dhamodaran, is a life convict No.14883, lodged in Central Prison, Cuddalore, required urgent medical attention and therefore, she submitted a representation dated 19.02.2021 https://hcservices.ecourts.gov.in/hcservices/

seeking 60 days leave for her husband, to the authorities, in which no order has been passed and hence, the instant writ petition seeking the aforesaid relief.

2. Today, when this matter was taken up for hearing, the learned Government Advocate (Crl. Side) produced a copy of the order dated 19.02.2021, passed by the Superintendent of Central Prison, Cuddalore, rejecting the petitioner's request for 60 days leave for Dhamodaran by citing the extant rules.

3. The learned counsel for the petitioner submitted that the rejection order dated 19.02.2021 was not served on the petitioner. This is controverted by the learned Government Advocate (Crl. Side) by stating that the rejection order dated 19.02.2021 was sent to the petitioner and was also served on Dhamodaran in the prison. However, the learned Government Advocate (Crl. Side) submitted that he will furnish a copy of the said rejection order to the learned counsel for the petitioner.

In view of the above, this Writ Petition is closed with liberty to the petitioner to work out her remedies in the manner known to law. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gya To

1. The Secretary to Government, Home (Prison IV) Department, Fort St.George, Chennai - 600 009.

2. The Additional Director General of Prison, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Superintendent of Central Prison, Cuddalore Central Prison, Vandipalayam Post, Cuddalore.

4. The Public Prosecutor, Madras High Court, Chennai - 600 104.

W.P.No.5366 of 2021 SR-II(CO) HS(19/07/2021) https://hcservices.ecourts.gov.in/hcservices/