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Madras High CourtWP/6806/2022disposed of

V.Periyakaruppan v. State Of Tamil Nadu,

2022-03-24Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.6806 of 2022 V.Periyakaruppan ... Petitioner Vs.

1.The State of Tamil Nadu Rep. by its Secretary to Government, Home Department, Secretariat, Chennai - 600 009.

2.The Inspector General of Prisons, Prison Headquarters, Egmore, Chennai - 600 008.

3.The Deputy Inspector General of Prisons, Chennai Range, Prison Headquarters, Egmore, Chennai - 600 008.

4.The Superintendent of Prisons, Central Prison - 1, Puzhal, Chennai - 600 006.

... Respondents Prayer: Writ petition filed under Section 226 of the Constitution of India seeking to issue a writ of Mandamus, directing the respondents 3 and 4 to decide the representation of the petitioner dated 9.3.2022 and permit the petitioner to reside in Quarters No.16, Prison Campus, Puzhal, Chennai, along with his family.

For Petitioner : Mr.M.Radhakrishnan For Respondents: Mrs.R.L.Karthika Government Advocate

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed for issuance of a Writ of Mandamus, to direct the respondents 3 and 4 to decide the

representation of the petitioner dated 9.3.2022 and permit the petitioner to reside in Quarters No.16, Prison Campus, Puzhal, Chennai, along with his family.

3. The case of the petitioner in brief:

The petitioner herein was working as Assistant under the 4th respondent and is residing in the Quarters No.16, Prison Capmus, Puzhal, Chennai. The petitioner was dismissed from service vide order dated 12.07.2019 and he preferred Revision before the Revisional authority and it was also dismissed. Thereafter, he made a representation on 27.07.2020, praying to reinstate him in service and is still pending. In the meanwhile, while the petitioner and his family went to their village, the quarters was locked and and sealed. Hence, he made representation dated 09.03.2022, to the respondents to permit him to reside in the quarters, till the disposal of his representation dated 27.07.2020. But, it was not considered. Hence this writ petition.

4. The learned Government Advocate appearing for the respondents submitted that, as per Rule, the petitioner has to vacate the quarters within one month from the date of dismissal. However, he has not vacated and is residing in the quarters.

5. Inview of the above submission made by the counsel for the respondents, this is not inclined to express any opinion on merits. However, considering the fact that the petitioner made a representation for continuous residing in the said quarters for further short period, if any provision is there, the authorities concerned are directed to consider the representation of the petitioner and pass orders, within two weeks from the date of receipt of a copy of this order.

6. With the above observations, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar ata/mst To 1.The Secretary, Home Department, Secretariat, Chennai - 600 009.

2.The Inspector General of Prisons, Prison Headquarters, Egmore, Chennai - 600 008.

3.The Deputy Inspector General of Prisons, Chennai Range, Prison Headquarters, Egmore, Chennai - 600 008.

4.The Superintendent of Prisons, Central Prison - 1, Puzhal, Chennai - 600 006.

+1cc to the Government Pleader, S.R.No.20376 W.P.No.6806 of 2022 SVI(CO) SB(04/04/2022)