Lavanya v. The Government 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.12348 of 2021 Lavanya .. Petitioner Vs.

1.The Government of Tamil Nadu Rep. by its Secretary to Government Home (Prison IV) Department Fort St. George, Chennai-9 2.The Additional Director General of Prison Thalamuthu Natarajan Maaligai 2nd Floor, Gandhi Irwin Road Egmore, Chennai-8 3.The Superintendent of Central Prison Vellore-2 .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to grant leave without escort for 30 days to the petitioner's husband/detenu viz., V.Senthil Kumar, Life Convict No.24027, detained at Central Prison, Vellore on the basis of petitioner's representation dated 22.05.2021. For Petitioner : Mr.A.P.Sathyamoorthy 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., V.Senthil Kumar, is a convict prisoner (CT.No.24027) and is undergoing sentence in the Central Prison, Vellore. According to the petitioner, an application dated

01.05.2021 was submitted to the 3rd respondent for 30 days leave under the Tamil Nadu Suspension of Sentence Rules, 1982 and the same has not been considered till date. Hence, the petitioner has filed the present writ petition.

2. On instructions, the learned Government Advocate (Crl. Side) submitted that the petitioner had submitted a representation dated 22.05.2021, which was received by the 3rd respondent on 01.06.2021 and the same was considered and rejected on 01.06.2021 (in the rejection order, date has been wrongly typed as 01.06.2020).

3. The learned Government Advocate (Crl. Side) submitted that a copy of the order dated 01.06.2021 has been sent to the petitioner and has also been served on the convict prisoner.

4. The learned counsel for the petitioner submitted that a copy of the order dated 01.06.2021 has been received from the office of the Government Advocate.

Recording the same, this writ petition is closed, with liberty to the petitioner to challenge the said order in accordance with law, if so advised. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gya To 1.The Secretary Home (Prison IV) Department Fort St. George, Chennai-9 2.The Additional Director General of Prison Thalamuthu Natarajan Maaligai 2nd Floor, Gandhi Irwin Road Egmore, Chennai-8 3.The Superintendent of Central PrisonVellore-2 4.The Public Prosecutor High Court, Madras W.P.No.12348 of 2021 pl(CO) pan(13/07/2021)

25.06.2021