Muthulakshmi v. The Inspector General Of Prisons

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Muthulakshmi .. Petitioner Vs.

1.The Inspector General of Prisons, (ADGP and IG of Prisons), Tamil Nadu Department of Prisons, Whannels Road, Egmore, Chennai.

2.The Superintendent of Prison, Madurai Central Prison, Madurai District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 1st respondent to direct the 2nd respondent to release the convict prisoner namely Kalidoss Son of Senthurpandi aged about 36 years on parole for the period of 15 days in ordinary leave or fixed by this Court to see his aged old Mother Veeramakali and to attend family temple on Maha Sivan Rathiri with family.

For Petitioner : Mr.J.Vijayaraja For Respondents : Mr.S.Ravi Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

The Writ Petition is filed for Mandamus seeking direction to the respondents to consider the request of the petitioner for granting 15 days ordinary leave to her husband, who is a life convict.

2. The learned Additional Public Prosecutor appearing for the respondents submits that the petitioner's representation dated 20.02.2024 is under active consideration and the respondents found that the convict is not entitled for ordinary leave since the reasons stated for seeking leave are not sustainable. He further submitted that on earlier occasion, when the petitioner's husband was granted leave, he had indulged in a crime and a case has been registered in Crime No.67 of 2022 on the file of Kovilankulam Police Station, Ramanathapuram District on 05.12.2022 for

the alleged offences under Sections 294(b), 324 and 506(2) IPC. Furthermore, the convict did not return on expiry of the leave period and that the prison authorities secured him after expiry of the leave period.

3. In the light of the above submission, this Writ Petition is disposed of with a direction to the respondents to pass a speaking order on the petitioner's representation dated 20.02.2024 and if the petitioner is aggrieved by that order, she can resort to legal remedy available to her in the manner known to law. There shall be no order as to costs. (G.J.,J.) (C.K.,J.) 12.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Inspector General of Prisons, (ADGP and IG of Prisons), Tamil Nadu Department of Prisons, Whannels Road, Egmore, Chennai.

2.The Superintendent of Prison, Madurai Central Prison, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

Lm 12.03.2024