Bala v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.(MD) No.13759 of 2024 Bala ... Petitioner -vs1.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 Central Jail New Jail Road Arasaradi, Madurai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records of the impugned order passed by the first respondent in RO-MDU/14/2024-G2 dated 05.04.2024,

quash the same and further direct the respondents 1 and 2 to grant ordinary leave for the period of thirty days to the petitioner's husband namely Komban @ Kombaiah in C.P.No.6350, who is life convicted in one murder case and languishing Central Jail, Madurai, for past four years, by considering the petitioner's representation dated 12.02.2024. For Petitioner :

Mr.SMA.Jinnah For Respondents :

Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Prayer in this writ petition is to quash the order dated 05.04.2024, passed by the first respondent, rejecting the petitioner's representation dated 10.02.2024 seeking grant of ordinary leave for her husband, namely, Komban @ Kombaiah (C.P.No.6350). A consequential relief is also sought for by the petitioner to direct the respondents to grant thirty days ordinary leave to her husband / convict, on medical grounds, by considering her representation dated 12.02.2024.

2. Today, when the matter is taken up for hearing, learned Additional Public Prosecutor, appearing for the respondents, on instructions, submitted that the petitioner's husband / convict is a Type-II diabetes patient and he is under a regular treatment. During 2004, he had undergone ORIF surgery in his right tibia and following the same, during 2017, he had undergone an operation in his left knee posterior cruciate ligament tear. He is under a regular follow-up and his health condition has improved significantly and at present, he is stable and he is doing his regular day-to-day activities without any support. In support of his contentions, he has also produced a copy of the report, dated 16.07.2024, issued by the Assistant Surgeon / Prison Medical Officer, Central Jail, Madurai, before this Court.

3. In view of the above report dated 16.07.2024, issued by the Assistant Surgeon / Prison Medical Officer, Central Jail, Madurai, no further adjudication is required in this writ petition and the same is, therefore, liable to be dismissed.

4. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [A.D.J.C., J.] [K.R.S., J.] 22.07.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk 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, Central Jail, New Jail Road, Arasaradi, Madurai.

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk and W.M.P.(MD) No.13759 of 2024 22.07.2024