T.Samundiswari, v. The Additional Director General Of Prison,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2021

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE R.PONGIAPPAN WRIT PETITION NO.7351 OF 2021 T.Samundiswari W/o.Thilagar .. Petitioner Vs.

1. The Additional Director General of Prison, Thaalamuthu Natrajan Malligai, Gandhi Erwin Salai, Egmore, Chennai.

2. The Superintendent of Prison, The Central Prison, Vellore.

3. The Inspector of Police, AWPS, Ambur Police Station, Now Thirupathur District.

[Crime No.5 of 2015] .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent herein to grant leave to petitioner's son viz., Dhinakaran S/o.Thilagar, aged about 21 years, presently confined at Central Prison, Vellore, for a period of 15 days without police escort to arrange medical treatment for his father. For Petitioner :

Mr.C.Anbu For Respondents :

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

ORDER

[Order of the Court was made by P.N.PRAKASH, J] This petition is filed seeking a direction to the second respondent herein to grant leave to petitioner's son viz., Dhinakaran S/o.Thilagar, aged about 21 years, presently confined at Central Prison, Vellore, for a period of 15 days without police escort to arrange medical treatment for his father.

2. It is the case of petitioner that her son Dhinakaran is a convict prisoner (CT No.3420) and he is presently lodged in Central Prison, Vellore. An application dated 21.12.2020 for ordinary leave under the Tamil Nadu Suspension of Sentence Rules, 1982, has been submitted to the authorities. However, no orders have been passed thereon.

3. On instructions, learned Government Advocate [Crl.side] submits that the leave application is under process.

4. Recording the same, we direct the respondents 1 and 2 to dispose of the leave application dated 21.12.2020 in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

The Writ Petition is disposed of with the above direction. No costs.

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

1. The Additional Director General of Prison, Thaalamuthu Natrajan Malligai, Gandhi Erwin Salai, Egmore, Chennai.

2. The Superintending of Prison, The Central Prison, Vellore.

3. The Inspector of Police, AWPS, Ambur Police Station, Now Thirupathur District.

[Crime No.5 of 2015]

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Anbu, Advocate, SR.No.32654 Writ Petition No.7351 of 2021 UM(CO) RLP(03/08/2021)