B.Thangamani v. The Deputy Inspector General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.05.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P(MD)No.11155 of 2018 B.Thangamani ... Petitioner vs.

1. The Deputy Inspector General of Prisons, Madurai Range, Central Prison Campus, Arasaradi, Madurai - 625 016.

2. The Superintendent of Prisons, Central Prison, Madurai - 625 016.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to grant one month ordinary leave under the provisions of the Tamil Nadu Suspension of Sentence Rules, 1982, to the petitioner's husband M.Balamurugan, son of Muniasami, C.P.No.5011 presently confined in Madurai Central Prison. For Petitioner : Mr.V.Santhakumaresan For Respondents : Mr.M.Murugan, Government Advocate.

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the respondents to grant one month ordinary leave under the provisions of the Tamil Nadu Suspension of Sentence Rules, 1982, to the petitioner's husband M.Balamurugan, son of Muniasami, C.P.No.5011 presently confined in Madurai Central Prison.

2.By consent of both counsels, this writ petition is taken up for final disposal.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel appearing for the petitioner submitted that instead of going into the merits of the matter, it would be

suffice to direct the first respondent to consider the petitioner's representation, dated 04.04.2018 and pass orders in accordance with law within a time frame.

4.In view of the submission made by the learned counsel appearing for the petitioner, there shall be a direction to the first respondent to consider the petitioner's representation on its own merits and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner and to any other person who may be interested in the subject matter.

5.With the above observation, this writ petition stands allowed. No costs.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Deputy Inspector General of Prisons, Madurai Range, Central Prison Campus, Arasaradi, Madurai - 625 016.

2. The Superintendent of Prisons, Central Prison, Madurai - 625 016.

+ 1 cc TO Mr.V.Santhakumaresan , Advocate in SR No. 65487 + 1 cc TO The Special Government Pleader in SR.Nos. 65905,65919 ps/pnn AE/KKR/SAR4/29.05.2018/2P/5C W.P(MD)No.11155 of 2018 16.05.2018 https://hcservices.ecourts.gov.in/hcservices/