S.Meenatchi v. The State Represented By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2024
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.(MD).No.9889 of 2024 S.Meenatchi .. Petitioner Vs.
The State represented by its, 1.The Secretary to the Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.
2.The Director Inspector General of Prison, Trichy Range, Trichy Central Prison, Trichy-620 020.
3.The Superintendent, Trichy Central Prison, Trichy-620 020.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to grant ordinary leave
for 30 days without escort to the petitioner's husband, the detenu, R.Sasikumar, S/o.Ramu, aged about 39 years, Convict No.25195, detained at Central Prison, Trichy.
For Petitioner : Ms.K.Akshaya For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The present Writ Petition is filed for a writ of mandamus seeking to direct the respondents to grant ordinary leave for 30 days without escort to the petitioner's husband, the detenu, R.Sasikumar, S/o.Ramu, aged about 39 years, Convict No.25195, detained at Central Prison, Trichy.
2. The case of the petitioner is that the petitioner's husband is a life convict No.25195 detained in Central Prison, Trichy. The petitioner is a daily wage worker, living with her two school going children. Her elder daughter is studying 2nd standard and her younger son is studying UKG. She has no proper income and insufficient funds. They are suffering economically for years. The presence of her husband, the detenu is very
much necessary to make arrangements to pay fees for her children for the next academic year and also to arrange money for the daily livelihood of their family. Further, the petitioner's mother-in-law, who is aged about 55 years suffering from spinal cord problem, which frequently leads to illhealth. Therefore, the detenu as a son, his presence is necessary to take his mother for medical treatment. Hence, the petitioner has sent a representation dated 26.03.2024 to the respondents seeking ordinary leave without escort for a period of 30 days. Since the respondents have not pass any orders on the representation of the petitioner, he has filed the present writ petition.
3. The learned Additional Public Prosecutor appearing for the respondents would submit that the representation of the petitioner, dated 26.03.2024 will be considered and suitable orders will be passed within a period of two weeks.
4. Recording the submission of the learned Additional Public Prosecutor, without going into the merits of the matter, we direct the respondents to consider the representation of the petitioner, dated
26.03.2024 and pass orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. No costs.
(A.D.J.C.,J.) (K.R.S.,J.) 29.04.2024 NCC : Yes / No Index : Yes / No am To 1.The Secretary to the Government of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.
2.The Director Inspector General of Prison, Trichy Range, Trichy Central Prison, Trichy-620 020.
3.The Superintendent, Trichy Central Prison, Trichy-620 020.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA,J.
and K.RAJASEKAR,J.
am W.P.(MD).No.9889 of 2024 29.04.2024