M.Amudha v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.05.2015
CORAM
THE HONOURABLE Mr.JUSTICE M.DURAISWAMY W.P.No.14947 of 2015 M.Amudha .. Petitioner vs.
1.
Government of Tamil Nadu rep.by its Secretary to Government Home (Prison-IV) Department Fort St.George, Chennai 600 009.
2.
The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, II Floor, Gandhi Irwin Road Egmore, Chennai 600 008.
3.
The Superintendent of Central Prison, Puzhal, Chennai 600 066.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus to direct the first respondent to consider and pass orders on the representation of the petitioner dated 18.08.2014 and grant emergency leave for a period of 30 days without police escort to the petitioner's brother Kannan @ Kithiyon Alexander, Life Convict No.1332 now confined in Central Prison, Puzhal, Chennai.
For Petitioner : Mr.B.Nambiselvan For Respondents : Mr.R.Ravichandran Additional Government Pleader
ORDER
The above writ petition has been filed by the petitioner for the issuance of a writ of mandamus directing the first respondent to consider and pass orders on her representation dated 18.08.2014 and grant emergency leave for a period of 30 days without police escort to her brother Kannan @ Kithiyon Alexander, Life Convict No.1332 now confined in Central Prison, Puzhal, Chennai.
2. It is the case of the petitioner that her brother has given a representation dated 18.08.2014 to the first respondent for grant of emergency leave for a period of thirty days in view of the fact that her mother is suffering from ailment. According to the petitioner, inspite of the fact that her brother submitted the representation as early as on 18.08.2014, the first respondent has not considered the same till date. Though the representation dated 18.08.2014 was addressed to the Minister for Prisons, a copy of the same has been marked to the respondents.
3. Mr.R.Ravichandran, learned Additional Government Pleader, who took notice on behalf of the respondents, submitted that the first respondent may be directed to consider and pass orders on the representation submitted by the petitioner dated 18.08.2014, within a stipulated time.
4. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, the first respondent is directed to consider the petitioner's representation dated 18.08.2014 and pass appropriate orders on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order.
5. With the above observation, this writ petition is disposed of. No costs.
21.05.2015 vj2 Index: No Internet: Yes To 1.
The Secretary to Government of Tamil Nadu Home (Prison-IV) Department Fort St.George, Chennai 600 009.
2.
The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, II Floor, Gandhi Irwin Road Egmore, Chennai 600 008.
3.
The Superintendent of Central Prison, Puzhal, Chennai 600 066.
M.DURAISWAMY,J.,
vj2 W.P.No.14947 of 2015 21.05.2015