Divya v. The Additional Chief Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2023 CORAM :

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

1.The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai - 600 009.

2.The Director General of Police/Director General of Jails, Tamil Nadu Prison Department, Whannels Road, Ansari Estate, Egmore, Chennai.

3.The Superintendent of Prisons, Central Prison, Vellore, Vellore District.

4.The District Collector, Trichy District.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 3rd respondent to consider the representation dated 02.12.2023 made by the petitioner to provide 'A' class facility to the convict/husband of the petitioner namely Vellai Kali @ Kalimuthu, S/o.Shanmugavel (CT-9408) confined at Central Prison, Vellore, immediately.

For Petitioner :

Mr.R.Thamarai Selvan For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.Aravind C.

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) The petitioner, who is the wife of the convict prisoner, namely, Vellai Kali @ Kalimuthu, S/o.Shanmugavel (CT-9408), confined at Central Prison, Vellore, has come forward with this writ petition to direct the 3rd respondent to consider the representation, dated 02.12.2023, made by the petitioner to provide 'A' class facility to her husband.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.Having regard to the limited scope of the prayer in this writ petition, this Court, without expressing any opinion on the merits of the petitioner's representation or the contentions raised in the affidavit filed in support of this petition, directs the 3rd respondent to consider the representation of the petitioner, dated 02.12.2023, and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner. 4.With the above direction, this writ petition is disposed of. No costs. (S.S.S.R., J.) (S.M., J.) 22.12.2023 (1/2) mkn

Internet : Yes Index : Yes / No To 1.The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The Director General of Police/Director General of Jails, Tamil Nadu Prison Department, Whannels Road, Ansari Estate, Egmore, Chennai.

3.The Superintendent of Prisons, Central Prison, Vellore, Vellore District.

4.The District Collector, Trichy District.

5.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn 22.12.2023 (1/2)