Shanthi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2023 CORAM :

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

1.The Secretary to Government Home [Prison], Prohibition & Excise Department, Fort St George, Chennai 600 009.

2.The Additional Director General of Prison No.1, Gandhi Irwin Salai, Egmore, Chennai 600 008.

3.Deputy Inspector General of Prisons Chennai Range, Whannels Road Egmore, Chennai 600 008.

4.The Superintendent of Prison Central Prison, Puzhal-1

5.The Inspector of Police H6 RK Nagar Police Station ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of mandamus, directing the 3rd respondent to consider the representation of the petitioner dated 21.10.2023 and to grant 30 days emergency leave [parole] to my son Deena @ Dinesh, son of Balan, [Male/32 years] [Prisioner No.4753] who is now confined in Central PrisonI, Puzhal, Chennai. For Petitioner : Mr.R.Thamarai Selvan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The present writ petition has been filed by the petitioner seeking a mandamus to direct the 3rd respondent to grant 28 days emergency leave to her son, the convict prisoner namely Mr.Deena @ Dinesh, S/o.Balan by considering petitioner's representation dated 21.10.2023. (2)The son of the petitioner herein is a convict prisoner. The petitioner, mother of the detenu has submitted a representation dated 21.10.2023

seeking 30 days emergency leave for her son.

(3)The learned Additional Public Prosecutor on instructions, submitted that the said representation would be considered on merits within the stipulated 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 3rd respondent. (5)Accordingly, without expressing any opinion on the merits of the petitioner's representation, this Court directs the 3rd respondent to consider the petitioner's representation/request of the petitioner dated 21.10.2023 in accordance with law within a period of three 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.

[S.S.S.R., J.] [S.M, J.] 16.11.2023 AP Internet : Yes

To 1.The Secretary to Government Home [Prison], Prohibition & Excise Department, Fort St George, Chennai 600 009.

2.The Additional Director General of Prison No.1, Gandhi Irwin Salai, Egmore, Chennai 600 008.

3.Deputy Inspector General of Prisons Chennai Range, Whannels Road Egmore, Chennai 600 008.

4.The Superintendent of Prison Central Prison, Puzhal-1 5.The Inspector of Police H6 RK Nagar Police Station 6.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP W.P. No.32423/2023 16.11.2023