Madras High CourtWP/20092/2024disposed of

Rajappa v. The State Of Tamil Nadu Rep By Its

2024-07-18Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Rajappa .. Petitioner

Versus

1. The State of Tamil Nadu rep by its, Secretary, Department of Home, Fort St. George, Chennai - 600 009.

2. The Deputy Inspector General of Prisons, Vellore Range, Vellore District.

3. The Superintendent of Prison, Central Prison Vellore, Vellore District.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation dated 15.07.2024 in accordance with law by granting 10 days ordinary leave from 19.07.2024 to 28.07.2024 to the detenue Babu, S/o.Rajappa, C.T.No.3332 now confined in Central Prison, Vellore invoking the powers under Rule 40 of Suspension of sentence Rules 1982 to secure the ends of justice.

For Petitioner : Mr.R.Sankarasubbu 1/4

For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH, J.) Though the petitioner herein, in his prayer has sought for a direction to consider his representation, dated 15.07.2024 by granting 10 days ordinary leave to his elder son/detenue that expires on 18.07.2024 pursuant to the orders passed by this Court in W.P.No.15456 of 2024, dated 14.06.2024, the learned Counsel for the petitioner would submit that he would be satisfied if the respondents consider the representation within a stipulated time.

2. In the light of the submissions made, the prisoner shall surrender before the jail authorities on expiry of the leave granted pursuant to the orders passed in W.P.No.15456 of 2024. Further, there shall be a direction to the second respondent herein to consider the petitioner's representation, dated 15.07.2024 on its own merits and pass appropriate orders in accordance with law within a period of one week from the date of receipt of a copy of this order. No costs.

[M.S.R., J] [S.M., J] 18.07.2024 2/4

Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Secretary, Department of Home, Fort St. George, Chennai - 600 009.

2. The Deputy Inspector General of Prisons, Vellore Range, Vellore District.

3. The Superintendent of Prison, Central Prison Vellore, Vellore District.

4. The Public Prosecutor, High Court of Madras.

3/4

M.S.RAMESH, J.

AND SUNDER MOHAN, J.

grs 18.07.2024 4/4