Zaheera Banu v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.06.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN W.P.No.12094 of 2021 Zaheera Banu ..Petitioner Vs.

1.The State of Tamil Nadu Rep. by the Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai-9 2.The Director General of Police & Inspector General of Prisons Gandhi Irwin Road Egmore, Chennai-8 3.The Superintendent of Prison Central Prison-I Puzhal, Chennai-66 ..Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to consider the representation of the petitioner dated 18.05.2021 and grant 30 days ordinary leave to the petitioner's husband viz., Umar Bharukh @ Muhaideen Abdhul Kadhar, S/o.Luthbullah, life convict, aged about 39 years, now confined in Central Prison-1, Puzhal, Chennai-66. For Petitioner : Mr.P.Pugalenthi For Respondents: Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that, her husband viz., Umar Bharukh @ Muhaideen Abdhul Kadhar, is a convict prisoner (CT.No.6045) and is lodged in Central Prison, Puzhal. A leave application dated 18.05.2021, was sent to the respondents https://hcservices.ecourts.gov.in/hcservices/

seeking ordinary leave for the said convict prisoner and since the same has not been considered, the present writ petition has been filed.

2. On instructions, the learned Government Advocate (Crl. Side) submitted that the representation dated 18.05.2021 requesting ordinary leave under the Tamil Nadu Suspension of Sentence Rules, 1982, is under active consideration by the authorities and therefore, sought time for disposal of the same.

3. Accepting the aforesaid submission of the learned Government Advocate (Crl. Side), we direct the respondents 2 and 3 to dispose of the petitioner's representation dated 18.05.2021, on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order and send a copy of the order to the petitioner as well, serve the same on the convict prisoner in prison.

With the above direction, this writ petition is closed. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar gya To 1.The Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai-9 2.The Director General of Police & Inspector General of Prisons Gandhi Irwin Road, Egmore, Chennai-8 3.The Superintendent of Prison Central Prison-I Puzhal, Chennai-66 4.The Public Prosecutor High Court, Madras W.P.No.12094 of 2021 PL(CO) RGA(26/07/2021) https://hcservices.ecourts.gov.in/hcservices/