Prabavathy.M v. The Additional Chief Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA Prabavathy.M ... Petitioner Vs 1.The Additional Chief Secretary, Home Department, (Prisons), State of Tamilnadu, Secretariat, Fort St. George, Chennai-60009..

2.The Additional Director General of Police (Prisons) Cum the Inspector, General of Prisons, Office of ADGP (Prisons) / I.G of Prisons, Thalamuthu Natarajar Maaligai, Egmore, Chennai 3.The Superintendent of Prison, Madurai Central Prison, Madurai District.

... Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days to petitioner's husband by name R.Murugan, S/o. Rasu, C.P.No.5529, lodged in Madurai Central Prison in accordance with law, within the time stipulated by this Court. For Petitioner : Mr.S.Malaikani For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] Seeking ordinary leave for 30 days for her husband R.Murugan, convict prisoner, (CT No.5529), who is presently lodged in Central Prison, Madurai, the petitioner gave a representation on 15.07.2022 and has thereafter filed the present writ petition.

2. On instructions, the learned Additional Public Prosecutor submitted that the leave application of the petitioner dated 15.07.2022 was forwarded by the prison authorities to the Probation Officer for report and when the Probation Officer went to the house of the petitioner, she was not available

and therefore, the report is awaited.

3. In such view of the matter, we direct the petitioner to furnish the necessary information to the Probation Officer in this regard and the Deputy Inspector General of Prisons, Madurai Range, is directed to dispose of the leave application, in accordance with law, within four weeks from the date of receipt of a copy of this order.

4. The writ petition is disposed of with the above direction.

5. Since the Deputy Inspector General of Prisons, Madurai Range, has not been shown as a respondent, we direct a copy of the order be marked to him.

(P.N.P.,J.) (R.H.,J.) 26.08.2022 Index : Yes/No Internet : Yes RR

To 1.The Additional Chief Secretary, Home Department, (Prisons), Secretariat, Fort St. George, Chennai-60009..

2.The Additional Director General of Police (Prisons) Cum the Inspector, General of Prisons, Office of ADGP (Prisons) / I.G of Prisons, Thalamuthu Natarajar Maaligai, Egmore, Chennai 3.The Deputy Inspector General of Prisons, Madurai Range 3.The Superintendent of Prison, Madurai Central Prison, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

P.N.PRAKASH,J.

and R.HEMALATHA,J.

RR 26.08.2022