Shakila v. State By The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN WRIT PETITION NO.14475 OF 2021 Shakila W/o.Manoharan ... Petitioner .Vs.

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

2. The Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore - 18.

3. The Superintendent of Prison, Central Prison, Salem - 7.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to grant 30 days ordinary leave by considering the representation of the petitioner dated 08.06.2021 and release her husband Manoharan S/o.Rajalingam, aged above 59 years, Convict Prisoner, now confined at Central Prison, Salem. For Petitioner : Mr.S.Nadhiya For Respondents : Mr.R.Muniyapparaj Government Advocate [Crl.side]

ORDER

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to respondents to grant 30 days ordinary leave to her husband Manoharan S/o.Rajalingam, aged above 59 years, Convict Prisoner, who is now confined at Central Prison, Salem, by considering the representation of the petitioner dated 08.06.2021.

2. It is the case of the petitioner that her husband Manoharan is a Convict Prisoner (CT No.8610) and is undergoing sentence in Central Prison, Salem. Petitioner's husband has some serious eye ailments for which specialized treatment is required. Therefore, the petitioner has given an application dated 08.06.2021 for leave under the Tamil Nadu Suspension of Sentence Rules, 1982 and thereafter, approached this Court with the above prayer.

3. When the matter is taken up for hearing, learned Government Advocate [Crl.side] submits that the representation of the petitioner dated 08.06.2021 is under active consideration by the authorities.

4. Recording the same, we direct the respondents 2 and 3 to dispose of the representation of the petitioner dated 08.06.2021, within a period of two weeks from the date of receipt of a copy of this order, in accordance with law. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar gm To

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

2. The Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore - 18.

3. The Superintendent of Prison, Central Prison, Salem - 7.

4. The Public Prosecutor, High Court, Madras.

WRIT PETITION NO.14475 OF 2021 UM(CO) PBS/18/08/2021