R.Sathyapriya v. The State Rep. By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2023 CORAM :

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

1.The State rep.by its Home Secretary [Prison] Secretariat, Fort St George Chennai 600 009.

2.The Director General of Prisons and Inspector General of Police No.2, Whannels Road Egmore, Chennai 600 008.

3.The Superintendent of Prison Coimbatore Central Prison Gandhipuram, Coimbatore-641.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of mandamus, directing the respondents herein to consider

2 months ordinary leave without escort to the convict/husband of the petitioner namely Mr.D.Ramkumar, son of Devaraj @ Nagaraj [CT No.18505] who is detain under the 3rd respondent. For Petitioner : Mr.W.Camyles Gandhi 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 seeking a mandamus to direct the respondents to consider the representation of the petitioner seeking 2 months ordinary leave to the convict/husband of the petitioner namely Mr.D.Ramkumar, son of Devaraj @ Nagaraj [CT No.18505] who is detained under the 3rd respondent without escort. (2)The husband of the petitioner herein is a convict prisoner. The petitioner, wife of the detenu has submitted a representation dated 17.10.2023 seeking 28 days ordinary leave for her husband. (3)The learned Additional Public Prosecutor, who accepts notice on behalf of the respondents, on instructions, submitted that the said representation of

the petitioner dated 17.10.2023 has been considered and rejected by the 3rd respondent vide order dated 19.10.2023. He has also produced a copy of the order dated 17.10.2023 before this Court. Learned Additional Public Prosecutor has also served a copy of the said order to the learned counsel for the petitioner before us.

(4)Hence, leaving it open to the petitioner to challenge the order dated 19.10.2023, this writ petition stands closed. [S.S.S.R., J.] [S.M, J.] 09.11.2023 AP Internet : Yes To 1.The Home Secretary [Prison] Secretariat, Fort St George Chennai 600 009.

2.The Director General of Prisons and Inspector General of Police No.2, Whannels Road, Egmore, Chennai 600 008. 3.The Superintendent of Prison Coimbatore Central Prison Gandhipuram, Coimbatore-641.

4.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 09.11.2023