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Madras High CourtWP(MD)/10097/2015closed

S. Nandhini Priya, v. The Deputy Inspector

2015-08-31Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA W.P.(MD)No.10097 of 2015 S.Nandhini Priya ... Petitioner Vs.

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

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

3.The Home Secretary, Government of Tamil Nadu, Chennai.

... Respondents (R3 suo motu impleaded by this Court on 31.08.2015) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to grant one month ordinary leave under the provisions of the Tamil Nadu Suspension of Sentence Rules, 1982 to the petitioner's father Seenivasan son of Muniasamy, C.P.No.5013 presently confined in Madurai Central Prison.

For Petitioner : Mr.Ezhilarasan for Mr.V.Santha Kumaresan For Respondents : Mr.N.Manoharan Special Government Pleader

O R D E R

The petitioner approaches this Court with a prayer to direct the respondents to grant one month ordinary leave under the provisions of the Tamil Nadu Suspension of Sentence Rules, 1982 to the petitioner's father Seenivasan son of Muniasamy, C.P.No.5013 presently confined in Madurai Central Prison.

2. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3. At this juncture, the learned Special Government Pleader appearing for the respondents submitted that the Probation Officer, has recommended to grant leave and the same is under consideration before Home Secretary, Government of Tamil Nadu, Chennai. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the facts and circumstances of the case, the Home Secretary, Government of Tamil Nadu, is suo motu impleaded as a party in this writ petition.

5. Accordingly, the suo motu impleaded/third respondent is directed to consider the representation of the petitioner and and pass orders on the same by taking into account the report submitted by the Probation Officer, Madurai, on merits and in accordance with law within seven days from the date of receipt of a copy of this order. With the above observation, this Writ Petition is disposed of. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Deputy Inspector General of Prisons, Madurai Range, Central Prison Campus, Arasaradi, Madurai.

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

3.The Home Secretary, Government of Tamil Nadu, FT.St.George, Chennai - 600 009.

+1cc to M/S.V.Santha Kumaresan, Advocate in SR.No 51142 TS/04.09.2015/2P - 5C AAL-MPA /SAR -I W.P.(MD)No.10097 of 2015 31.08.2015 https://hcservices.ecourts.gov.in/hcservices/