A.Dhanalakshi v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL A.Dhanalakshmi .. Petitioner Vs 1.The State represented by its The Secretary to Government, Department of Home (Prison), Fort St. George, Chennai - 9.
2.The Additional Director General of Police/ Inspector General of Prison, Department of Prison, Thalamuthu Building, CMDA Tower 2, Egmore, Chennai - 8.
3.The Superintendent of Prison, Central Prison, Cuddalore.
4.The Deputy Inspector General of Prisons, Vellore Range.
.. Respondents (R4 suo motu impleaded vide order dated 14.07.2023 in W.P.No.20864 of 2023) Page Nos.1/9
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 01.07.2023 and direct the respondents to grant ordinary leave for one month for the convict Alagar @ Valarntha Alagar, son of Dharmaraj, aged about 48 years, C.T.No.16749, now confined at Central Prison, Cuddalore. For Petitioner :
Mr.Ilayaraja Kandasamy For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity and convenience).
2. Short facts i.e., facts that are imperative for appreciating this order are that the writ petitioner's spouse one Alagar @ Valarntha Alagar, son of Dharmaraj, aged 48 years, is now a convict prisoner serving life sentence; that the 'petitioner's spouse' (hereinafter 'convict prisoner' for the sake of convenience) is now lodged in Central Prison, Page Nos.2/9
Cuddalore; that convict prisoner number is C.T.No.16749; that the writ petitioner has sent a 'representation dated 01.07.2023' (hereinafter 'said representation' for the sake of convenience and clarity) to the second and third respondents seeking leave for the convict prisoner inter-alia on medical grounds qua her mother-in-law (convict prisoner's mother); that according to the petitioner, the said representation is lying unattended and this has necessitated the filing of the captioned WP in this Court on 12.07.2023.
3. Before we proceed further, we deem it appropriate to scan and reproduce the said representation, which is as follows: Page Nos.3/9
Page Nos.4/9
4. To be noted, the said representation does not contain a date but learned counsel submits that it is dated 01.07.2023.
5. Issue notice.
6. Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for all the respondents.
7. Learned Prosecutor on instructions submits that the third respondent has made an order saying that the petitioner should approach the Deputy Inspector General of Prisons, Vellore Range. Learned Prosecutor placed before us the proceedings dated 07.07.2023 bearing reference No.11230/Tha.Ku.2/2023 made by the third respondent and a scanned reproduction of the same is as follows: Page Nos.5/9
Page Nos.6/9
8. In the light of the narrative thus far, we deem it appropriate to make the following order:
8.1 The Deputy Inspector General of Prisons, Vellore Range is suo motu impleaded as fourth respondent;
8.2 Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for fourth respondent also.
8.3 De hors the aforementioned 07.07.2023 proceedings made by the third respondent, fourth respondent is requested to consider said representation on its own merits and in accordance with law and dispose of the same as expeditiously as his official business would permit but in any event within three weeks from today i.e., by 04.08.2023;
8.4 Disposal of said representation by the fourth respondent would be communicated to the Page Nos.7/9
writ petitioner under due acknowledgement within three working days from the date of disposal.
9.
Captioned writ petition is disposed of in the aforesaid manner with the aforementioned directives.
(M.S.,J.) (R.S.V.,J.) 14.07.2023 Index : Yes / No mmi To 1.The Secretary to Government, Department of Home (Prison), Fort St. George, Chennai - 9.
2.The Additional Director General of Police/ Inspector General of Prison, Department of Prison, Thalamuthu Building, CMDA Tower 2, Egmore, Chennai - 8.
3.The Superintendent of Prison, Central Prison, Cuddalore.
4.The Deputy Inspector General of Prisons, Vellore Range.
5.The Public Prosecutor, High Court, Madras.
Page Nos.8/9
M.SUNDAR, J., and R.SAKTHIVEL, J., mmi 14.07.2023 Page Nos.9/9