A.Pachaiyammal v. The Home Secretary
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.8340 of 2021 A.Pachaiyammal W/o.(Late) Arumugam .. Petitioner/ Mother Of Convict Vs.
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, Viruthachalam Police Station, Viruthachalam, Cuddalore District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing respondents to grant 15 days leave without escort to the convict Mr.Rajadurai S/o.Late Arumugam (Prisoner No. - CT 3782) now confined at Central Prison, Vellore, for the purpose of seeing his daughter and making necessary arrangements for widowed mother treatment in pursuant to the petitioner's representation to the respondents dated 04.03.2021.
For Petitioner :
Mr.P.Muthamizh Selvakumar 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 respondents to grant 15 days leave without escort to the convict prisoner Mr.Rajadurai S/o.Late Arumugam (CT - 3782), who is now confined at Central Prison, Vellore, by considering petitioner's representation to the respondents dated 04.03.2021.
2. It is the case of petitioner that her son Rajadurai S/o.Late Arumugam is a convict prisoner (CT - 3782) and is now lodged in Central Prison, Vellore. An application dated 04.03.2021 for ordinary leave was submitted to the authorities and that the authorities have not considered the same till date. Hence, the present petition has been filed.
3. On instructions, learned Government Advocate [Crl.side] submits that the leave application dated 04.03.2021 was received by the jail authorities on 08.03.2021, it was considered and rejected by order dated 11.03.2021. A copy of the order has also been sent to the petitioner and also served on the convict prisoner on 15.03.2021. However, learned Government Advocate [Crl.side] submits that he would once again serve a copy of the order to learned counsel for the petitioner.
Recording the same, 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 //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, Viruthachalam Police Station, Viruthachalam, Cuddalore District.
5.The Public Prosecutor, High Court, Madras.
Writ Petition No.8340 of 2021 SR(CO) SB(02/08/2021)