B.Kalarani v. The Additional Director General Of Police / Ig Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA W.P.No.19030 of 2021 B.Kalarani .. Petitioner Vs.
1.The Additional Director General of Police/IG of Prisons, CMDA, Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai - 600 008.
2.The Superintendent of Police, Cuddalore District, Cuddalore.
3.The Superintendent, Central Prison, Cuddalore.
4.The Inspector of Police, Kadampuliyur Police Station, Cuddalore District.
.. Respondents 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 30 days to petitioner's husband Balamurugan, S/o.Krishnamurthy, aged about 36 years, who now confined in Central Prison, Cuddalore, as a life convict, based on her representation dated 31.08.2021 to attend her brother's marriage, which is going to be held on 09.09.2021. For Petitioner : Mr.K.Gandhi Kumar For Respondents : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)
ORDER
[Order of the Court was made by P.N.PRAKASH, J.] This writ petition has been filed seeking to direct the respondents to grant 30 days leave under the Tamil Nadu Suspension of Sentence Rules, 1982 (for brevity "the TNSS
Rules") for Balamurugan, a Convict Prisoner (C.T.No.14722), presently lodged in the Central Prison, Cuddalore. 2.
In this connection, a leave application was submitted to the prison authorities and since no orders were passed, the present writ petition has been filed by the petitioner.
3.
Today, when the matter was taken up for hearing, the learned Government Advocate (Crl.Side) submitted that on a representation dated 31.08.2021 given by the petitioner, which was received by the prison authorities on 03.09.2021, seeking leave, orders have been passed by the Superintendent of Prison, Central Prison, Cuddalore, on 06.09.2021, rejecting the leave application. A copy of the order is furnished to the learned counsel for the petitioner.
In such view of the matter, this writ petition stands closed with liberty to the petitioner to challenge the rejection order, if so advised. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar nsd To 1.The Additional Director General of Police/IG of Prisons, CMDA, Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai - 600 008.
2.The Superintendent of Police, Cuddalore District, Cuddalore.
3.The Superintendent, Central Prison, Cuddalore.
4.The Inspector of Police, Kadampuliyur Police Station, Cuddalore District.
5.The Public Prosecutor, Madras High Court, Chennai - 600 104.
W.P.No.19030 of 2021 PCH(CO) B.VC (28/09/2021)