Manjula v. The Home Secretary (Prison),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.6686 of 2021 Manjula, W/o.Rajmohan

...Petitioner

versus

1. The Home Secretary (Prison), Home Department, Secretariat, Fort St.George, Chennai.

2. The Additional Director General of Police, Department of Central Prison, CDMA Tower - II, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Superintendent of Police, Central Prison, Salem.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to grant leave to the petitioner's husband Rajmohan, S/o.Chandramohan, Prisoner No.CT 6584, aged about 44 years, now confined in the Central Prison, Salem, for the period of three

(3) months based on the representation dated 01.03.2021. For Petitioner : Mr.A.Raja Mohamed 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.] In this Writ Petition, the petitioner is seeking leave under the Tamil Nadu Suspension of Sentence Rules, 1982, for her husband Rajmohan, who is the convict prisoner (CT No.6584) and lodged in Central Prison, Salem. In this connection, the petitioner filed leave application, which was considered by the authorities and an order dated 05.06.2021 has been passed by the Superintendent, Central Prison, Salem, rejecting the leave. A copy of the said order has not been served on the petitioner. Therefore, we direct the third respondent to send a copy of the rejection order to the petitioner and also to serve a copy on the convict prisoner in prison.

2. Mr.R.Muniyapparaj, learned Government Advocate (Crl. Side) appearing for the respondents also states that he will serve a copy of the rejection order on the learned counsel for the petitioner.

3. In view of the above, this Writ Petition is closed, with a liberty to the petitioner to challenge the rejection order in accordance with law, if so advised. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sri To

1. The Home Secretary (Prison), Home Department, Secretariat, Fort St.George, Chennai.

2. The Additional Director General of Police, Department of Central Prison, CDMA Tower - II, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Superintendent of Police, Central Prison, Salem.

4. The Public Prosecutor, High Court, Madras.

W.P.No.6686 of 2021 PMK[co] NSK 16/07/2021