Meenakshi.S v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.18474 of 2021 S.Meenakshi ... Petitioner -vs1.The State of Tamil Nadu, Rep. by Secretary, Home Department, Fort St. George, Chennai - 600 009.

2.The Director General of Prisons, Egmore, Chennai - 600 008.

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

... 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 grant two months ordinary leave to the convict Thirupathi, S/o.Sakkari Aasari, CT.No.5662, now confined at Central Prison, Madurai.

For Petitioner :

Mr.A.Jeyaram For Respondents :

Mr.S.Ravi Standing counsel for the State

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) The petitioner is the mother of a convict by name Thirupathi, S/o.Sakkari Aasari, who has been convicted and sentenced and undergo life imprisonment and confined in Central Prison, Madurai. Since the petitioner is bedridden, as her last wish, she wants to spend time with her son. Hence, she made a representation to the respondents on 28.08.2021 seeking ordinary leave for two months. Since no action has been taken by the respondents so far, the petitioner has filed this writ petition with the aforesaid prayer.

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2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Additional Public Prosecutor appearing for the respondents, on instructions would submit that the petitioner's application seeking ordinary leave to her son, has been rejected by the Deputy Inspector General of Prison, Department of Prison, Madurai Range vide order dated 16.10.2021 and he has also produced a copy of that order before this Court.

3. Considering the fact that already the request of the petitioner has been rejected, the prayer sought for in this writ petition cannot be granted. Accordingly, this writ petition is dismissed. Liberty is granted to the petitioner to challenge the order dated 16.10.2021, if she is so advised. No Costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) pm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Secretary, State of Tamil Nadu, Home Department, Fort St. George, Chennai - 600 009.

2.The Director General of Prisons, Egmore, Chennai - 600 008.

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

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 2/3

+1 CC to M/s.A.JEYARAM, Advocate ( SR-32269[F] dated 22/10/2021 ) W.P.(MD) No.18474 of 2021 21.10.2021 SRK(CO) KB(12.11.2021) 3P 6C 3/3