Muthumari v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Muthumari

...Petitioner

-Vs1.The State of Tamil Nadu, Rep. by the Principal Secretary, Home (Prison) Department, Fort. St. George, Secretariat, Chennai-600 009. 2.The Additional Director General of Police / The Director General of Prisons Correctional Services, Tamil Nadu Prison Head Quarters, No.6, Whennals Road, Egmore, Chennai-600008.

3.The Inspector General of Prisons, CMDA Tower-II, No.I, Gandhi Irwin Road, Egmore, Chennai-600009.

4.The Superintendent of Prison, Trichy Central Prison, Trichy.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fourth respondent to grant one month ordinary leave or one week emergent leave to the petitioner's husband Doss @ Vattakan @ Perumal @ Pethaperumal (Life Convict CP No.23331), S/o.Perumal, aged about 32 years, now confined at Trichy Central Prison, Trichy as life convict by considering the representation dated 30.03.2022. For Petitioner : Mr.R.Alagumani For Respondents : Mr.S.Ravi, Additional Public Prosecutor.

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks one month ordinary leave or one week emergent leave for her husband, namely, Doss @ Vattakan @ Perumal @ Pethaperumal, who is life convict undergoing imprisonment at Trichy Central Prison.

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2.The reason for seeking leave is that the prisoner has met with an accident in the jail and he needs emergent treatment. 3.Mr.S.Ravi, learned Additional Public Prosecutor appearing for the respondents would submit that the representation of the petitioner dated 30.03.2022 is under active consideration and the department has sought for an opinion of the Probationary Officer and local police. They would pass suitable order, immediately on receipt of the opinion.

4.Considering the fact that the leave is sought for on medical grounds, this Writ Petition is disposed of with a direction to the authorities to consider the representation of the petitioner at the earliest time at any rate not later than 29.04.2022. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr To 1.The Principal Secretary, State of Tamil Nadu, Home (Prison) Department, Fort. St. George, Secretariat, Chennai-600 009. 2.The Additional Director General of Police / The Director General of Prisons Correctional Services, Tamil Nadu Prison Head Quarters, No.6, Whennals Road, Egmore, Chennai-600008.

3.The Inspector General of Prisons, CMDA Tower-II, No.I, Gandhi Irwin Road, Egmore, Chennai-600009.

4.The Superintendent of Prison, Trichy Central Prison, Trichy.

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

ORDER MADE IN 13.04.2022 NSN(CO) GC(22.04.2022) 3P 6C 3/3