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Madras High CourtWP/13620/2021closed

Uma v. The State Rep. By Its.,

2021-07-26Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN W.P.No.13620 of 2021 Uma .. Petitioner Vs.

1. The State rep. by its The Secretary to Government of Tamil Nadu Department of Home Fort St. George, Chennai - 600 009

2. The Additional Director General of Prison C.M.D.A Towers Egmore, Chennai - 600 008

3. The Deputy Inspector General of Prison Salem Range Salem

4. The Superintendent of Prison Central Prison Salem .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, to grant ordinary leave for three months without escort to the detenue, the life convict prisoner Manickam @ Poonga Nagar K.Manickam, aged about 62 years, S/o.Kuppusamy, Convict No.6897, the detenu, detained at Central Prison, Salem.

For Petitioner :

Ms.S.Lakshmi 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., K.Manickam, aged about 62 years, is a convict prisoner (CT.No.6897), who is undergoing sentence in the Central Prison, https://hcservices.ecourts.gov.in/hcservices/

Salem. The petitioner has given a representation dated 20.05.2021 for leave under the Tamil Nadu Suspension of Sentence Rules, 1982 and has thereafter, filed this petition seeking issuance of a writ of mandamus.

2. The 4th respondent has filed a counter, wherein, it is stated that the leave application was rejected by order dated 28.06.2021.

3. The learned counsel for the petitioner submitted that the rejection order dated 28.06.2021 was not served on the petitioner.

The learned Government Advocate (Crl. Side) submitted that a copy of the said rejection order has been sent to the petitioner and to the convict petitioner as well. However, the learned Government Advocate (Crl. Side) submitted that he will serve a copy of the same on the learned counsel for the petitioner.

Recording the same, this petition is closed with liberty to challenge the order dated 28.06.2021, if so advised. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gya To

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

2. The Additional Director General of Prison C.M.D.A Towers Egmore, Chennai - 600 008

3. The Deputy Inspector General of Prison Salem Range Salem

4. The Superintendent of Prison Central Prison Salem

5. The Public Prosecutor High Court, Madras W.P.No.13620 of 2021 BS(CO) HS(24/08/2021) https://hcservices.ecourts.gov.in/hcservices/