Govindammal v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Govindammal ... Petitioner Vs.

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

2.The Deputy Inspector General of Prisons Chennai Range, Egmore, Chennai 600 008.

3.The Superintendent of Central Prison Central Prison, Puzhal-1, Chennai 600 066.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of mandamus, directing the respondents to consider the representation of the petitioner dated 29.09.2023 by granting one month leave to the detenu T.Suresh, son of Thirunavukkarasu [Late] now confined in Central Prison, Puzhal-1, Chennai 600 006 to secure the ends of justice.

For Petitioner : Mr.A.Sivakumar @ Sivaaji For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The present writ petition has been filed by the petitioner, mother of the detenu, seeking a mandamus to direct the respondents to grant one month Ordinary leave to her son/detenu herein, namely Suresh, by considering petitioner's representation dated 29.09.2023. (2)The son of the petitioner herein is a convict prisoner. The petitioner, mother of the detenu has submitted a representation dated 29.09.2023 seeking one month ordinary leave for her son on the ground of her illness. (3)The learned Additional Public Prosecutor on instructions, submitted that there is no legal impediment to consider the representation of the petitioner and the respondents may be directed to consider the same by giving at least two weeks time.

(4)In the said circumstances, this Court is of the view that this writ petition

can be disposed of by issuing a direction to the respondents. (5)This Court, without expressing any opinion on the merits of the petitioner's representation for the present, directs the 2nd respondent to consider the petitioner's representation/request dated 29.09.2023 in accordance with law within a period of two weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner herein.

(6)The writ petition stands disposed of. No costs. [S.S.S.R., J.] [S.M, J.] 18.10.2023 AP Internet : Yes

To 1.The Secretary State of Tamil Nadu Home Department Fort St George, Chennai 600 009.

2.The Deputy Inspector General of Prisons Chennai Range, Egmore, Chennai 600 008.

3.The Superintendent of Central Prison Central Prison, Puzhal-1, Chennai 600 066.

4.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP W.P. No.30055/2023 18.10.2023