Arul.M v. The State Rep. By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 21.09.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.17048 of 2021 M.Arul ... Petitioner/Father of the detenue Vs.

1. The State represented by its The Secretary to Government of Tamil Nadu, Home Department, Fort.St.George, Chennai-600 009.

2.The Additional Director General of Prison, Egmore, Chennai-600 008.

3.The Superintendent, Central Prison, Palayamkottai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant ordinary leave for one month without escort to the detenue, Anish, S/o Arul, aged about 31 years, Convict No.4152, detained at Central Prison Palayamkottai. For Petitioner : Mr.R.Narayanan For Respondents : Mr.S.Ravi Additional Public Prosecutor ****

ORDER

(Order of the Court was made by V.BHARATHIDASAN, J.) This petition is filed for issuance of Writ of Mandamus directing the respondents to grant ordinary leave for one month without escort to the detenue, Anish, S/o Arul, aged about 31 years, Convict No.4152, detained at Central Prison Palayamkottai. 1/3

2. The petitioner herein is the father of the life convict namely, Anish. It is averred in the petition that the petitioner's wife is suffering from many ailments and as per doctor's advice, the petitioner's wife should be admitted in hospital for treatment. According to the petitioner, to look after her, the presence of the petitioner's son is necessary and therefore, he may be granted one month ordinary leave without escort.

3. In this regard, the petitioner has sent a representation to the first respondent on 17.04.2021. Since no further order has been passed by the first respondent, the petitioner is before this Court. 4.Considering the fact that the representation sent to the first respondent is pending from April 2021, the first respondent is directed to consider the representation of the petitioner and pass suitable orders on merits and in accordance with law within a period four weeks from the date of receipt of a copy of this order.

5. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) cm NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Secretary, Government of Tamil Nadu, Home Department, Fort.St.George, Chennai-600 009.

2.The Additional Director General of Prison, Egmore, Chennai-600 008.

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3.The Superintendent, Central Prison, Palayamkottai.

+1 CC to M/s.R.NARAYANAN, Advocate ( SR-29964[F] dated 22/09/2021 ) W.P(MD)No.17048of 2021 21.09.2021 RD(28.09.2021) 3P 5C 3/3