Aysha Fathima v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.07.2021

CORAM

THE HONOURABLE Mr. JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr. JUSTICE R.PONGIAPPAN W.P.No.13575 of 2021 Aysha Fathima .. Petitioner (Daughter of convict) Vs.

1.The Secretary to the Government Law & Prison Dept., Fort St. George, Chennai-9 2.The Director General of Prison Prison Department Gandhi Irwin Road Egmore, Chennai-8 3.The Superintendent of Prison Central Prison-I Puzhal, Chennai .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents herein to consider the representation made on 26.06.2021 for emergency leave to the petitioner's father Niyaz Khan @ Abdul Razack, S/o.Abdul Miyar, Convict No.23734. For Petitioner : Mr.R.Rajarathinam 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 father viz., Niyaz Khan @ Abdul Razack is a convict prisoner (CT No.23734) https://hcservices.ecourts.gov.in/hcservices/

and is lodged in the Central Prison, Puzhal; her mother is very sick and requires to be operated upon, for which the presence of her father by her bedside is essential; in this connection, a leave application dated 26.06.2021 has been given and the authorities have not taken any action thereon; hence, the petition.

2. Mr.Muniyapparaj, learned Government Advocate (Crl. Side) submitted that the petitioner's leave application is under process and some more details have been sought from the medical officer.

In view of the above, we direct the respondents 2 and 3 to dispose of the petitioner's emergency leave application dated 26.06.2021, within a week's time from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar gya To 1.The Secretary to the Government Law & Prison Dept., Fort St. George, Chennai-9 2.The Director General of Prison Prison Department Gandhi Irwin Road Egmore, Chennai-8 3.The Superintendent of Prison Central Prison-I Puzhal, Chennai 4.The Public Prosecutor High Court, Madras W.P.No.13575 of 2021 SKY(CO) A.SK(06.08.2021) https://hcservices.ecourts.gov.in/hcservices/