Chandra v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Chandra W/o.Shivan .. Petitioner Vs.
The State represented by its 1.
The Deputy Inspector General of Prison Coimbatore Range Coimbatore - 641 018.
2.
The Superintendent Coimbatore Central Prison Coimbatore - 641 018.
..Respondents Petition filed under Article 226 of the Constitution of India praying writ of Mandamus to direct the respondents to grant ordinary leave for 30 days without escort to the detenu Paraman @ Paramashivan, son of Shivan, aged about 32 years bearing Convict No.20511 confined at Central Prison, Coimbatore.
For Petitioner :
Mr.M.Ezhilarasu For Respondents :
Mr.E.Raj Thilak Page Nos.1/7
Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Writ Petition' ['WP' for the sake of brevity].
2. Factual matrix in a nutshell is that writ petitioner's son one Thiru.Paraman @ Paramashivan, son of Thiru.Shivan, aged 32 years is a prison inmate (convict prisoner Convict No.20511) who is now an inmate of Coimbatore Central Prison; that writ petitioner's son shall hereinafter be referred to as 'said prison inmate' for the sake of convenience, clarity and brevity; that said prison inmate was convicted by learned Additional District Judge (CBI Cases) and Bomb Blast Cases (Sessions Court in-charge), Coimbatore vide S.C.No.232 of 2015 in and by conviction and sentence dated 28.09.2017; that prison inmate was sentenced to life imprisonment; that writ petitioner has sent a 'representation dated 04.09.2022' [hereinafter 'said representation' for the sake of brevity] seeking one month ordinary leave without escort for said prison inmate; that ordinary leave was sought Page Nos.2/7
primarily on the ground that writ petitioner (said prison inmate's mother) has been diagnosed with Cancer; that said prison inmate presence is necessary for arranging medical treatment for writ petitioner; that it is a case of serious illness of mother within the meaning of Rule 6 of 'the Tamil Nadu Suspension of Sentence Rules 1982' [hereinafter 'said Rules' for the sake of convenience and clarity] is learned petitioner's counsel's say; that the said representation remains unattended is his complaint.
3. To be noted, a scanned reproduction of said representation as placed before us is as follows:
Page Nos.3/7
Page Nos.4/7
4. Issue notice.
5. Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for both respondents and submits, on instructions, that said representation is under consideration and in the light of Rule 19 of said Rules, first respondent should take a call qua said representation. Learned Prosecutor further submits, on instructions, that first respondent will take a call in a fortnight.
6. Considering the narrow compass on which the captioned matter turns, main WP is taken up with the consent of both sides and the same is disposed of with a directive to first respondent to dispose of the aforementioned said representation (representation dated 04.09.2022) as expeditiously as the official business of first respondent would permit but in any event by a fortnight from today i.e., by 10.10.2023. Though obvious, we make it clear that first respondent shall dispose of said representation on its own merits and in accordance with law and we have not expressed any view or opinion on the merits of the matter.
Page Nos.5/7
7. The order of first respondent disposing of the aforementioned said representation shall be communicated to said prison inmate forthwith and to writ petitioner under due acknowledgment within five working days therefrom.
8. Captioned WP disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (R.S.V.,J.) 26.09.2023 Index : Yes / No Speaking / Non-speaking order mk To 1.
The Deputy Inspector General of Prison Coimbatore Range Coimbatore - 641 018.
2.
The Superintendent Coimbatore Central Prison Coimbatore - 641 018.
3.
The Public Prosecutor High Court, Madras.
Page Nos.6/7
M.SUNDAR, J., and R.SAKTHIVEL, J., mk 26.09.2023 Page Nos.7/7