Dhanalakshmi.A v. The Dig Of Prison,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU A.Dhanalakshmi ... Petitioner -vs1. The DIG of Prison, Vellore Range, Central Prison Campus, Vellore.
2.The Superintendant, Central Prison, Cuddalore.
... 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 allow the petitioner's husband D.Alagar @ Valarntha Alagar, S/o.Dharmaraj L.Ct.No.16749, a Life Convict, confined at Cuddalore Central Prison, temporarily on parole, staying at No.3, Samathuvapuram, Lakshminaickanpatti, Thevaram Via, Uthamapalayam Taluk, Theni District, to undergo immediate surgery for "haemorrhoids (piles)" disease in Vinayagarm Laser Hospital, situated at 74-A, Dhanappa Mudali Street, Madurai - 625 001 and to issue instructions to the escort police to accompany and escort her husband to the Vinayagam Laser Hospital at Madurai, on the basis of the petitioner's representation dated 17.09.2021. For Petitioner :
Mr.V.Santhakumaresan For Respondents :
Mr.S.Ravi Addl.Public Prosecutor
O R D E R
(Order of the Court was made by V. BHARATHIDASAN, J.) The petitioner's husband is a life convict, he is confined in Central Prison, Cuddalore. He is said to have suffering from "Haemorrhoids (piles)" and taking treatment.
2. Earlier, on the application filed by the petitioner, the jail authority has granted 30 days ordinary leave, by an order dated 24.08.2021. Now, the period of 30 days is going to expire tomorrow 1/3
ie., on 24.09.2021. Now, stating that the treatment is yet to complete, the petitioner's husband requires some more time to complete the treatment, the petitioner made a representation before the 1st respondent on 17.09.2021, seeking extension of time. Since the said application was not considered, the present writ petition has been filed.
3. Mr.V.Santhakumaresan, the learned counsel appearing for the petitioner submitted that since from the date of coming out on ordinary leave, the petitioner's husband is taking treatment and he requires further treatment. Hence, the petitioner made an application before the 1st respondent, but the same has not been considered sofar. Hence, the learned counsel submitted that one week time may be granted to the convict to complete the treatment.
4. We have heard the learned Additional Public Prosecutor appearing for the respondents also.
5. Considering the fact that the petitioner's husband requires some more medical assistance, we inclined to extend the ordinary leave for a period of one more week from 24.09.2021. The convict prisoner is directed to surrender before the jail authorities on or before 30.10.2021 at 5.00 p.m. The other conditions imposed by the jail authority while granting the leave is applicable for the extended leave period.
6. With the above directions, the Writ Petition stands disposed of.
Sd/- Assistant Registrar (Per.Admn)) // True Copy // / /2021 Sub Assistant Registrar(CS) mpk Note :
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To 1.The DIG of Prison, Vellore Range, Central Prison Campus, Vellore.
2.The Superintendant, Central Prison, Cuddalore.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER MADE IN 23.09.2021 GC(23.09.2021) 3P 4C 3/3