Palanisamy v. The Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.05.2024 CORAM :

THE HONOURABLE MS.JUSTICE R.N.MANJULA and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Palanisamy ... Petitioner vs.

1. The Superintendent, Madurai Central Prison, Madurai.

2. The Inspector of Police, Thadikombu Police Station, Dindigul District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondent No.1 to grant emergency leave to the petitioner's son namely, Jothi Murugan (Convicted Prisoner No.2193) (15 days 28.05.2024 to 11.06.2024), by considering the petitioner's representation dated 20.04.2024 within a time stipulated by this Court.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.RMS.Sethuraman, Additional Public Prosecutor Page No.1 of 4

ORDER

(Order of the Court was made by R.N.MANJULA, J.) The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondent No.1 to grant emergency leave to the petitioner's son namely, Jothi Murugan (Convict Prisoner No.2193) for a period of 15 days from 28.05.2024 to 11.06.2024, by considering the petitioner's representation dated 20.04.2024, within a time frame. 2.

Learned counsel appearing for the petitioner submits that the petitioner is the father of the convict prisoner. Due to chest pain, the prisoner's mother (petitioner's wife) was admitted in a hospital and a operation was conducted, in which, a stent was placed in the heart of the prisoner's mother. Since the prisoner's mother is facing breathing problem and not able to visit the prison to meet her son and in order to admit the daughter of the prisoner in a different school, the petitioner made a representation dated 20.04.2024 to the respondents, seeking 15 days emergency leave to the prisoner. However, the same has not, till date, been considered. Hence, this writ petition. 3.

Mr.RMS.Sethuraman, learned Additional Public Prosecutor who takes notice for the respondents, submits that the representation of the Page No.2 of 4

petitioner dated 20.04.2024, will be considered and appropriate orders will be passed within a time frame.

4.

Recording the above submission made by the learned Additional Public Prosecutor, this Writ Petition is disposed of, directing the respondents to consider the representation of the petitioner dated 20.04.2024 and pass appropriate orders in accordance with law within a week from the date of receipt of a copy of this order. No costs.

(R.N.M., J.) (C.K., J.) 22.05.2024 Index : Yes / No : Yes / No bala To

1. The Superintendent, Madurai Central Prison, Madurai.

2. The Inspector of Police, Thadikombu Police Station, Dindigul District.

Page No.3 of 4

R.N.MANJULA, J.

and C.KUMARAPPAN, J.

bala 22.05.2024 Page No.4 of 4