Rajeswari.P v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD).No.15626 of 2021 P.Rajeswari ... Petitioner -vs1. State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home (Prison V) Department, Secretariat, Fort St George, Chennai - 600 009.
2. The Additional Director General of Prison, Egmore, Chennai - 600 008.
3. The Deputy Inspector General of Prison, Department of Prison, Madurai Range, Madurai - 16.
4. The Superintendent of Prison, Central Prison, Madurai.
... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to grant two months ordinary leave to the petitioner's son namely Ravi @ Ravichandran (C.P.No.4967), who is undergone for more than 28 years of imprisonment as per Rule 40 of Tamilnadu Suspension of Sentence Rules 1982 by considering the Petitioner's representation dated 26.06.2021.
For Petitioner :
Mr.T.Thirumurugan For Respondents :
Mr.S.Ravi Standing counsel for the State
O R D E R
(Order of the Court was made by V. BHARATHIDASAN, J.) The petitioner is the mother of a convict by name Ravi @ Ravichandran, who has been convicted and sentenced and undergo life imprisonment. Since the petitioner's son requires a surgery on his right eye, she filed an application before the first respondent seeking an ordinary leave on 26.06.2021. The said 1/3
application is still pending with the first respondent and so far, no order has been passed.
2. The learned counsel for the petitioner would submit that since the application is pending for a long time, it would suffice to direct the first respondent to dispose the application within a time frame.
3. Considering the limited scope of the prayer made, without going into the merits of the case, the first respondent is directed to consider the petitioner's application dated 26.06.2021 and pass suitable orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
4. With the above direction, the writ petition is disposed of. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) pm 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 to Government, Home (Prison V) Department, Secretariat, Fort St George, Chennai - 600 009.
2. The Additional Director General of Prison, Egmore, Chennai - 600 008.
3. The Deputy Inspector General of Prison, Department of Prison, Madurai Range, Madurai - 16.
2/3
4. The Superintendent of Prison, Central Prison, Madurai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.L.THIRUMURUGAN, Advocate ( SR-27929[F] dated 02/09/2021 ) W.P.(MD) No.15626 of 2021 02.09.2021 SRR(CO) KB(07.09.2021) 3P 7C 3/3