M.Thamizh Selvan v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN M.Thamizh Selvan ... Petitioner Vs.

1.The State rep. By its Deputy Inspector General of Prison, Puzhal Range, Chennai.

2.The Superintendent Puzhal Central Prison Chennai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the detenu Mari son of Murugesan aged about 46 years bearing convict No.7427 confined at Central Prison, Puzhal.

For Petitioner : Ms.S.Sadhana 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 respondents to grant 30 days Ordinary leave to without escort to the father of petitioner/convict namely Mr.Mari, convict No.7427.

(2)The father of the petitioner herein is a convict prisoner. The petitioner, son of the detenu has submitted a representation dated 10.11.2023 seeking 30 days ordinary leave for his father without escort. (3)The learned Additional Public Prosecutor on instructions, submitted that the said representation would be considered on merits after obtaining the Reports from the Probation Officer and the Police. (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)Accordingly, this Court, without expressing any opinion on the merits of the averments made in the affidavit filed in support of this petition or the representation made by the petitioner dated 10.11.2023, directs the respondents to consider the petitioner's representation/request of the petitioner dated 10.11.2023 in accordance with law within a period of six 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.] 05.12.2023 AP Internet : Yes To 1.The Deputy Inspector General of Prison, Puzhal Range, Chennai.

2.The Superintendent Puzhal Central Prison Chennai.

3.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 05.12.2023