K.Rama v. State By The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.12322 of 2021 K.Rama, W/o.Kasi Viswanadhan ... Petitioner versus

1. State by :

The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The Director General of Police & I.G of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prisons, Central Prison - 1, Puzhal, Chennai - 600 066.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the respondents to grant 30 days ordinary leave by considering the representation of the petitioner dated 07.04.2021 and release her husband Kasi Viswanadhan, Son of Venkatachalam, aged 64 years, Ct.No.2435, Life Convict, now confined in Central Prison1, Puzhal, Chennai. For Petitioner : M/s.S.Nadhiya For Respondents : Mr.R.Muniyapparaj Government Advocate [Crl. Side]

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the respondents to grant 30 days ordinary leave by considering the petitioner's representation dated 07.04.2021 and release her

husband Kasi Viswanadhan, Son of Venkatachalam, aged 64 years, Ct.No.2435, Life Convict, now confined in Central Prison-1, Puzhal, Chennai.

2. Heard the learned counsel for the petitioner and the learned Government Advocate [Crl. Side] appearing for the respondents.

3. It is the case of the petitioner that her husband Kasi Viswanadhan is a convict prisoner [CT.No.2435] and is now confined in Central Prison-1, Puzhal, Chennai and that, the representation dated 07.04.2021 given to the jail authorities, seeking leave under the Tamil Nadu Suspension of Sentence Rules, 1982, has not been considered.

4. On instructions, Mr.R.Muniyapparaj, learned Government Advocate [Crl. Side] submitted that, the petitioner's representation dated 07.04.2021, is under consideration by the respondents.

5. Recording the same, this Writ Petition is closed, with a direction to the respondents 2 and 3 to dispose of the petitioner's representation dated 07.04.2021 on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Sri To

1. State by :

The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The Director General of Police & I.G of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prisons, Central Prison - 1, Puzhal, Chennai - 600 066.

4. The Public Prosecutor, High Court, Madras.

W.P.No.12322 of 2021 RK(CO) CT(13/07/2021)