Nagaraj v. The Deputy Inspector General Of Prison

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 Nagaraj ... Petitioner vs.

1. The Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2. The Superintendent of Prison Madurai Central Jail, New Jail Road, Madurai District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondent Nos.1 and 2 to grant ordinary leave for a period of 30 days to the petitioner's son namely, Srinivasan S/o.Nagarajan, who is languishing jail as life sentenced prisoner in a murder case he was assigned prisoner number LCT No.6011 and for the past four years he served the sentence without any deviation and further directed the respondents considering his representation dated on 12.04.2024. Page No.1 of 4

For Petitioner : Mr.SMA.Jinnah For Respondents : Mr.RMS.Sethuraman, Additional Public Prosecutor

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 respondents 1 and 2 to grant ordinary leave for a period of 30 days to the petitioner's son namely, Srinivasan[LCT No.6011], by considering his representation dated on 12.04.2024. 2.

Learned counsel appearing for the petitioner submits that the petitioner is the father of the convict prisoner. Due to chest pain and and lung disease, the petitioner has difficulty in breathing and the daughter of the petitioner is looking after the petitioner and his physically challenged son. While so, the petitioner's daughter met with an accident and her backbone got dislocated and therefore, there is no one to take care of the petitioner. Hence, the petitioner sent a representation dated 12.04.2024 seeking to grant 30 days ordinary leave without escort. However, the same has not, till date, been considered. Hence, this writ petition.

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3.

Mr.RMS.Sethuraman, learned Additional Public Prosecutor who takes notice for the respondents, submits that the representation of the petitioner dated 12.04.2024, 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 by directing the respondents to consider the representation of the petitioner dated 12.04.2024 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 Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2. The Superintendent of Prison Madurai Central Jail, New Jail Road, Madurai District.

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R.N.MANJULA, J.

and C.KUMARAPPAN, J.

bala 22.05.2024 Page No.4 of 4