Sarojini v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Sarojini W/o.Natarajan ..

Petitioner Mother of the detenu Vs.

The State represented by its

1. The Secretary to Government of Tamilnadu Home Department Fort St.George Chennai - 600 009

2. The Deputy Inspector of General of Prison Vellore Zone, Thorappadi Vellore

3. The Superintendent Cuddalore Central Prison Cuddalore .. Respondents Page Nos.1/5

Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to grant original leave for 40 days without escort to the detenu, Hariharan, son of Natarajan, aged about 42 years bearing Convict No.14895 at Central Prison, Cuddalore.

For Petitioner :

Ms.K.Akshaya For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] The central theme of the captioned writ petition is a representation dated 10.03.2023 seeking 40 days ordinary leave without escort for a convict prisoner Harikaran, Convict No.14895, now lodged in Central Prison, Cuddalore.

2. Ms.K.Akshaya, learned counsel for petitioner who is before us submits that 83 years old mother of the convict prisoner is the petitioner before us.

3. Issue notice. Mr.R.Muniyapparaj, learned State Additional Public Prosecutor who accepts notice for the respondents, submits that petitioner has recently availed leave and in the light of the operating Rules, he will be Page Nos.2/5

entitled to leave (if at all and if that be so) only after one year from the last leave.

4. Be that as it may, learned Prosecutor submits on instructions that 10.03.2023 representation received by the second and third respondents on 13.03.2023 will be disposed of as expeditiously as possible and in any event within one week from today i.e., on or before 10.04.2023.

5. Let a copy of the order disposing of the representation be duly served on the convict prisoner besides intimating the writ petitioner and favouring the writ petitioner with a copy of the same. All the rights and contentions of the writ petitioner or any one who is concerned for the convict prisoner are preserved for assailing the order of the respondents if the order is not to the satisfaction or not in favour of the convict prisoner's plea. Captioned writ petition disposed of as closed with the above directives and above observations.

(M.S.,J.) (M.N.K.,J.) 03.04.2023 Index : Yes Speaking gpa To Page Nos.3/5

1. The Secretary to Government of Tamilnadu Home Department Fort St.George Chennai - 600 009

2. The Deputy Inspector of General of Prison Vellore Zone, Thorappadi Vellore

3. The Superintendent Cuddalore Central Prison Cuddalore

4. The Public Prosecutor High Court, Madras.

Page Nos.4/5

M.SUNDAR, J., and M.NIRMAL KUMAR, J., gpa 03.04.2023 Page Nos.5/5