Amutha v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Amutha ... Petitioner -vs1.State of Tamil Nadu represented by The Principal Secretary, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St. George, Chennai-600 009.

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

3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Kozhipannai Salai (Near SRM Hotel), Trichy-620 023.

4.The Superintendent of Prison, Trichy Central Prison, Trichy District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent No.4 to grant 7 days emergency leave without escort or expenses of Government to petitioner's son by name Sudhakar (CR No.23194), Son of Samithurai, aged about 34 years, a life convict prisoner at Trichy Central Prison in pursuance of Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982 for enabling to take care of petitioner on the basis of petitioner's representation dated 19.07.2024. For Petitioner :

Mr.S.Ramesh Kumar 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 direct the fourth respondent to grant 7 days emergency leave without escort to the petitioner's son namely Sudhakar (CR No.23194), Son of Samithurai, aged about 34 years in pursuance of Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982.

2. Today, when the matter was taken up for hearing, Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, on instructions, submitted that the representation of the petitioner dated 19.07.2024 seeking fifteen days emergency to her son/ convict has been rejected by the fourth respondent vide proceedings dated 28.07.2024 and to that effect, he has also produced a copy of the proceedings dated 28.07.2024 before this Court.

3. In view of the above submission of the learned Additional Public Prosecutor, this writ petition is dismissed with liberty to the petitioner to challenge the proceedings of the fourth respondent dated 28.07.2024 in the manner known to law, if so desired. No costs. [A.D.J.C., J.] [K.R.S., J.] NCC :

Yes / No 29.07.2024 Index : Yes / No Internet : Yes / No am To:

1.The Principal Secretary, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St. George, Chennai-600 009.

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

3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Kozhipannai Salai (Near SRM Hotel), Trichy-620 023.

4.The Superintendent of Prison, Trichy Central Prison, Trichy District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 29.07.2024