A.Ganesan v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR A.Ganesan S/o.Late Aiyothi ..
Petitioner Vs.
1.
The State represented by its The Secretary to Government of Tamil Nadu Department of Home Fort St.George, Chennai-600 009.
2.
The Deputy Inspector General of Prison Central Prison, Salem - 636 007.
3.
The Superintendent Central Prison Salem - 636 007.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the respondents to grant leave for 30 days without escort to the detenu A.Manikandan @ Mani, son of late A.Ayothi, aged about 35 years, life convict prisoner, bearing Convict No.8673 detained at Central Prison, Salem. Page Nos.1/4
For Petitioner :
Ms.V.Dhanalakshmi For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned writ petition has been filed in this Court on 24.03.2023 and the central theme of the captioned writ petition is a request for 30 days ordinary leave for a convict prisoner i.e., Mr.A.Manikandan, son of Late Ayothi, convict No.8673, now lodged in Central Prison, Salem.
2. Ms.V.Dhanalakshmi, learned counsel on record for petitioner adverting to the representation dated 07.03.2023 submitted that the convict prisoner is indisposed and his ill health has necessitated surgery and the same was originally scheduled to be held on 25.03.2023 but has now not been held as the leave is awaited.
3. Issue notice.
4. Mr.R.Muniyapparaj, learned Additional Public Prosecutor who accepted notice for all the three respondents submits that the aforementioned Page Nos.2/4
07.03.2023 representation is under active consideration of the respondents and a decision on the same will be taken within two weeks. This submission is recorded.
5. Let the respondents take a call and dispose of the aforementioned representation dated 07.03.2023 on its own merits and in accordance with law as expeditiously as the official business of the respondents would permit but in any event within a fortnight from today i.e., on or before 12.04.2023.
6. Captioned Writ Petition disposed of with the aforementioned directive. There shall be no order as to costs. (M.S.,J.) (M.N.K.,J.) 29.03.2023 Index : Yes / No Speaking / Non-speaking mk M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk To Page Nos.3/4
1.
The State represented by its The Secretary to Government of Tamil Nadu Department of Home Fort St.George, Chennai-600 009.
2.
The Deputy Inspector General of Prison Central Prison, Salem - 636 007.
3.
The Superintendent Central Prison Salem - 636 007.
4.
The Public Prosecutor High Court, Madras.
29.03.2023 Page Nos.4/4