P.Vijayakannan v. The Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA Writ Petition No.18420 of 2021 P.Vijayakannan S/o.Parasuraman ... Petitioner Vs 1.The Chief Secretary to Government, Secretariat, Puducherry.

2.The Secretary to Government of Puducherry, Home Department, 3.The Inspector General of Prisons, 4.The Superintendent of Prison, Central Prison, Kalapet, Puducherry.

5.The Station House Officer, Mudaliarpet Police Station, Puducherry. (Cr.No.101/2004) ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to grant ordinary leave for 60 days to the petitioner's son Vengatesh @ Dhansegar s/o.P.Vijayakannan, aged about 38 years, who is now confined at Central Prison, Kalapet, Puducherry, as a life convict by considering the petitioner's representation dated 02.06.2021.

For Petitioner : Mr.K.Gandhi Kumar For Respondents : Mr.V.Balamurugane Public Prosecutor (Puducherry)

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the respondents to grant ordinary leave for 60 days to the petitioner's son Vengatesh @ Dhansegar s/o.P.Vijayakannan, aged about 38 years, a life convict, who is now confined at Central Prison, Kalapet, Puducherry, by considering the petitioner's representation dated 02.06.2021.

2. Learned Public Prosecutor (Puducherry) submits that the leave application that has been submitted on behalf of the convict prisoner is not in accordance with Rule 23(2) of the Pondicherry Suspension of Sentence Rules, 1987.

3. Recording the same, we grant liberty to the petitioner to submit a fresh application in accordance with Rule 23(2) of the Pondicherry Suspension of Sentence Rules, 1987. On such application being given, the same shall be disposed of within a period of two weeks from receipt thereof.

With the above observation, this Writ Petition is closed. No costs.

Sd/- Assistant Registrar (CS-VIII) // True Copy // Sub Assistant Registrar gm To 1.The Chief Secretary to Government,

2.The Secretary to Government of Puducherry, Home Department, 3.The Inspector General of Prisons, 4.The Superintendent of Prison, Central Prison, Kalapet, Puducherry.

5.The Station House Officer, Mudaliarpet Police Station, Puducherry.

6.The Public Prosecutor, Puducherry.

+1CC to M/s.K.Gandhi Kumar, Advocate, SR.No. 51202 Writ Petition No.18420 of 2021 BP(CO) B.VC (21/10/2021)