Madathi v. The Deputy Inspector General Of Prisons

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD).No.19443 of 2021 Madathi ... Petitioner -vs1. The Deputy Inspector General of Prisons, O/o. Additional Director General of Police/ Inspector General of Prisons, Whannels Road, Egmore, Chennai - 8.

2. The Superintendent of Prisons, O/o. Superintendent of Prisons, 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 emergency leave to the petitioner's son namely Sethu @ Sethuraman (C.P.No.908-Central Prison, Madurai) on Parole for one month for effecting the prisoner's daughter's marriage on 10.11.2021 and permit the petitioner's son to visit his relatives house in Thoothukudi District and to meet his lawyer, relatives, to go to hospital, temples and other places which similarly situated leave prisoner would be allowed.

For Petitioner :

Mr.T.Lajapathi Roy For Respondents :

Mr.S.Ravi Additional Public Prosecutor

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) The writ petition has been filed seeking for a direction to the respondents to grant emergency leave to the petitioner's son namely Sethu @ Sethuraman, who is a convict prisoner confined in Central Prison, Madurai, to perform his daughter's marriage. 1/3

2. Today when the matter is taken up for hearing, Mr.S.Ravi, learned Additional Public Prosecutor appearing for the State, on instructions would submit that earlier, the petitioner made an application seeking to grant ordinary leave to her son and that was rejected by the second respondent vide order dated 27.10.2021. He would further submit that if the petitioner makes necessary application seeking for emergency leave for his son along with marriage invitation, suitable orders will be passed.

3. In view of the said submission, the petitioner is directed to make necessary application before the second respondent, seeking for emergency leave to her son Sethu @ Sethuraman along with marriage invitation and on filing such application, the second respondent is directed to consider the same and pass suitable orders within a period of two days thereafter.

With the above direction, the writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (AD-I) // 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 Deputy Inspector General of Prisons, O/o. Additional Director General of Police/ Inspector General of Prisons, Whannels Road, Egmore, Chennai - 8.

2. The Superintendent of Prisons, O/o. Superintendent of Prisons, Central Prison, Madurai District, 2/3

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-33158[F] dated 29/10/2021 ) W.P.(MD) No.19443 of 2021 28.10.2021 KMV(CO) KB(16.11.2021) 3P 5C 3/3