N.Narthika v. The State Of Tamil Nadu,

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.15161 of 2021 N.Narthika .. Petitioner Vs.

1. The State of Tamil Nadu rep. by its Principal Secretary to Government Home (Prison) Department Tamil Nadu Government Chief Secretariat Fort St. George, Chennai-9

2. The Additional Director General of Police/ IG of Prisons C.M.D.A Towers-II, No.1 Gandhi Irwin Road, Egmore Chennai - 600 008

3. The Superintendent Central Prison Salem, Tamil Nadu .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 3rd respondent to grant leave/parole for 1 week i.e., from 24.07.2021 to 30.07.2021 to the petitioner's father, the detenu Nagarajan @ Koozhai Nagarajan, Convict No.CT 8161, now confined at Central Prison, Salem to perform his duties on his elder brother's 30th day death ceremony For Petitioner : Mr.G.Mohanakrishnan 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., Nagarajan @ Koozhai Nagarajan, is a convict prisoner (CT.No.8161) and is lodged in the Central Prison, Salem. It is her further case that an application for leave under the Tamil Nadu Suspension of Sentence Rules, 1982 was submitted to the authorities on 07.07.2021 and that they have not passed any orders thereon; hence, the petition.

2. On instructions, the learned Government Advocate (Crl. Side) submitted that if sometime is granted, the petitioner's representation dated 07.07.2021 would be considered and decided on merits.

Recording the same, this petition is closed with a direction to the Deputy Inspector General of Prisons, Coimbatore Range and the Superintendent, Central Prison, Salem to consider the petitioner's representation and dispose of the same within a period of two weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CO-V) //True Copy// Sub Assistant Registrar gya To

1. The Principal Secretary to Government Home (Prison) Department Tamil Nadu Government Chief Secretariat Fort St. George, Chennai-9

2. The Deputy Inspector General of Prisons Coimbatore Range, Gandhipuram, Coimbatore

3. The Additional Director General of Police/ IG of Prisons, C.M.D.A Towers-II, No.1 Gandhi Irwin Road, Egmore Chennai - 600 008

4. The Superintendent Central Prison, Salem, Tamil Nadu

5. The Public Prosecutor High Court, Madras +1cc to Mr.G.Mohanakrishnan, Advocate, S.R.No.35662 W.P.No.15161 of 2021 SMI(CO) CT(23/08/2021)