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Madras High CourtWP(MD)/14012/2025disposed of

Devi @ Thangeswari v. The Deputy Inspector General Of Prison

2025-05-08Honourable Mr Justice M.Dhandapani,Honourable Mr.Justice R.Sakthivel4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.05.2025

CORAM:

THE HONOURABLE MR JUSTICE M.DHANDAPANI AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.P.(MD)No.14012 of 2025 Devi @ Thangeswari : 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, O/o.The Superintendent of Prison, Central Prison, Madurai.

3. The Superintendent of Police, O/o.The Superintendent of Police, Viruthunagar District, : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents No.1 and 2 to grant the ordinary leave for the period of 30 days without escort to petitioner's

husband who is a convict prisoner namely Siva @ Suresh who is Languishing in Madurai Central Prison by considering the petitioner's representation dated 04.04.2025.

For Petitioner : Mr.SMA.Jinnah For Respondents : Mr.A.Thiruvadi Kumar, Addl. Public Prosecutor

O R D E R

[Order of the Court was made by M.DHANDAPANI, J.] This Writ Petition has been filed seeking a Writ of Mandamus to the Respondents No.1 and 2 to grant the ordinary leave for the period of 30 days without escort to petitioner's husband who is a convict prisoner namely Siva @ Suresh who is Languishing in Madurai Central Prison by considering the petitioner's representation dated 04.04.2025.

2. The learned counsel appearing for the petitioner would submit that the husband of the petitioner namely Siva @ Suresh is a convict prisoner, who is now confined at Central Prison, Madurai and he is in prison for the past 2 1⁄2 years. He further submitted that the presence of the petitioner's husband is very necessary to enable money for the education of their two

daughters. Hence, the petitioner made a representation on 04.04.2025 seeking to grant ordinary leave for 30 days. Since the same was not considered by the respondents till date, the petitioner has filed this Writ Petition.

3. Heard the learned Additional Public Prosecutor appearing for the respondents.

4. Considering the facts and circumstances of the case, without expressing any opinion, we direct the respondents 1 and 2 to consider the representation of the petitioner dated 04.04.2025 and pass orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. [M.D.I.,J.] & [R.S.V.,J.] 08.05.2025 Index : Yes/No vsm

M.DHANDAPANI, J.

and R.SAKTHIVEL, J.

vsm 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, O/o.The Superintendent of Prison, Central Prison, Madurai.

3. The Superintendent of Police, O/o.The Superintendent of Police, Viruthunagar District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD)No.14012 of 2025 08.05.2025