Baskar v. The State Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.05.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Baskar ... Petitioner Vs.

1.The State Rep. By, The Principal Secretary, Home (Prison) Department, Fort St. George, Secretariat, Chennai - 600 009.

2.The Additional Director General of Police (Prisons)/ The Inspector General of Prisons, CMDA Tower - II, No.1, Gandhi Irwin Road, Egmore, Chennai.

3.The Superintendent of Prison, Madurai Central Prison, Madurai.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to provide "A" Class facility to the petitioner's son namely Premkumar aged about 45 years, who is now confined in the third respondent prison by considering his representation dated 24.04.2021 and 07.05.2021, within the period that may be stipulated by this Court. For Petitioner : Mr.R.Gandhi For Respondents : Mr.R.Srinivasan Government Advocate

O R D E R

*********** With the consent on either side, this Writ Petition is taken up for final disposal at the admission stage itself. Mr.R.Srinivasan, learned Government Advocate accepts notice on behalf of the respondents.

2. The case of the petitioner is that the petitioner is a Graduate and he held the post of President in K.V.S.English Medium 1/3

School, Virudhunagar and did many social services and as such he is eligible for "A" class facility as per the prison rules. In this regard, the petitioner has sent a representation dated 24.04.2021 to the third respondent. Since the said representation is still pending for consideration, the petitioner is constrained to move the present petition before this Court.

3. Heard the learned counsel appearing on either side.

4. Though the prayer in this writ petition is for a larger relief, the learned counsel for the petitioner has confined his argument to the limited extent of directing the 3rd Respondent to consider and dispose of the representation of the petitioner dated 24.04.2021, expeditiously.

5. Considering the limited prayer now sought for by the learned counsel for the petitioner, without going into the merits of the case, the third respondent is directed to consider and dispose of the representation of the petitioner dated 24.04.2021, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of at the admission stage itself. However, there shall be no order as to costs.

Sd/- Assistant Registrar/ Vacation Officer //True copy// / /2021 Sub Assistant Registrar MR/PKN 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 Principal Secretary, Home (Prison) Department, Fort St. George, Secretariat, Chennai - 600 009.

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2.The Additional Director General of Police (Prisons)/ The Inspector General of Prisons, CMDA Tower - II, No.1, Gandhi Irwin Road, Egmore, Chennai.

3.The Superintendent of Prison, Madurai Central Prison, Madurai.

+1 CC to Mr.R.GANDHI, Advocate ( SR-18531[F] dated 13/05/2021 ) Order made in 13.05.2021 NSM(CO) SRS/02.06.2021/3P/5C 3/3