Madras High CourtWP(MD)/16982/2024disposed of

Lakshmipriya v. State Of Tamil Nadu Represented By

2024-08-08Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 08/08/2024

CORAM

The Hon`ble Mr.Justice C.V.KARTHIKEYAN and The Hon`ble Mr.Justice J.SATHYA NARAYANA PRASAD Lakshmipriya, ... Petitioner Vs

1. State of Tamil Nadu Represented By, the Principal Secretary, Home, Prohibition and Excise Department, State of Tamilnadu,Fort St. George, Chennai.

2. The Director General of Police/ Director General of Prisons and Correctional Services, CMDA Towers II, No.1, Gandhi Irvin Road, Egmore,Chennai.

3. The Superintendent of Prison, Madurai Central Prison,Madurai District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondents to grant 7 days emergency leave to the petitioner's husband by name Mareeswaran S/o.Kalimuthu aged 38 years confining at 1/4

Madurai Central Prison as convict prisoners for visit and to arrange for availing better treatment to the petitioners husbands mother who is suffering from illness in pursuance of Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982 by considering the petitioners representation dated 02.07.2024 in accordance with law within the time stipulated by this Court.

For Petitioner : M/s.R.Alagumani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by C.V.KARTHIKEYAN, J.) The writ petition has been filed for a mandamus against the respondents to grant 7 days emergency leave to the husband of the petitioner, who is now suffering imprisonment at Madurai Central Prison consequent to the conviction after trial in CC No.267/2020 under Section 8(c) read with 20 (b) (ii) (C) of the NDPS Act. The trial has been completed and conviction was passed by the II Additional District Judge for NDPS Act cases at Madurai. The reason cited for emergency leave is that the mother of the husband of the petitioner is suffering from heart ailments and therefore, it is appropriate that he takes care of her. 2/4

2. Let us not enter into any discussions about the nature of the relief sought. We issue a direction to the respondents to pass orders on the representation given by the petitioner dated 02.07.2024 within a period of four weeks from the date of receipt of a copy of this order, after following due procedure.

3. The writ petition is disposed of with the above direction. (C.V.K.,J.) (J.S.N.P,,J.) 08.08.2024 RR TO 1.The Principal Secretary, Home, Prohibition and Excise Department, Fort St. George,Chennai.

2. The Director General of Police/Director General of Prisons and Correctional Services, Cmda Towers Ii, No.1, Gandhi Irvin Road,Egmore,Chennai.

3. The Superintendent of Prison, Madurai Central Prison, Madurai District.

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C.V.KARTHIKEYAN, J.

and J.SATHYA NARAYANA PRASAD, J.

RR WP.(MD)No.16982 of 2024 08.08.2024 4/4