P.Dinakaran v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Writ Petition No.5942 of 2021 P.Dinakaran S/o.Padaiveetan ... Petitioner Vs

1. The Home Secretary, Home Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Additional Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prison, Vellore Central Prison, Vellore District.

4. The Inspector of Police, Banavaram Police Station, Vellore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing respondents to grant one month ordinary leave without escort to the convict Baskaran S/o.Late Padaiveetan, now confined at Central Prison, Vellore, for the purpose of ' seeing the aged mother and making arrangement for my medical expenses to my mother' in pursuant to petitioner's representation to the respondents dated 22.01.2021. For Petitioner :

Mr.P.Muthamizh Selvakumar For Respondents :

Mr.R.Muniyapparaj Government Advocate [Crl.side]

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] This Writ Petition has been filed seeking a direction to the respondents to grant one month ordinary leave without escort to the convict prisoner Baskaran S/o.Late Padaiveetan, who is now confined at Central Prison, Vellore, by considering the petitioner's representation dated 22.01.2021.

2. It is the case of the petitioner that his brother Baskaran is a life convict (CT No.2361) and he is lodged in Central Prison, Vellore. An application for ordinary leave for 15 days was made on behalf of Baskaran. Since no orders were passed, the present Writ Petition has been filed.

3. Today, when the matter is taken up for hearing, learned Government Advocate [Crl.side] submitted that the representation of the petitioner dated 22.01.2021 was received by prison authorities on 02.02.2021, it was considered and rejected on 10.02.2021. A copy of the rejection order has also been sent to the petitioner and served on the convict prisoner.

4. Learned Government Advocate [Crl.side] is directed to serve a copy of the rejection order dated 10.02.2021 on the learned counsel for the petitioner.

With the above direction, this Writ Petition is closed with liberty to the petitioner to challenge the rejection order, if he is so advised. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gm To

1. The Home Secretary, Home Department, Secretariat, Fort St.George, Chennai - 600009.

2. The Additional Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600008.

3. The Superintendent of Prison, Vellore Central Prison, Vellore District.

4. The Inspector of Police, Banavaram Police Station, Vellore District.

5. The Public Prosecutor, High Court, Madras.

Writ Petition No.5942 of 2021 PCH(CO) RLP(09/08/2021)