Sathya v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 21.10.2024

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE MS.JUSTICE R.POORNIMA Sathya ... Petitioner Vs

1. The Deputy Inspector General of Prison O/o. The Deputy Inspector General of Prison, and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2. The Superintendent, Central Jail, Madurai.

... 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 respondent Nos.1 and 2 to grant ordinary leave to the period of 30 days to the petitioner's husband, namely, M.Kubendran (C.P.No.919), who is 1/4

convicted for 10 years in NDPS Act Case and is languishing Central Prison, Madurai, for the past 6 years by considering the petitioner's representation dated 17.08.2024.

For Petitioner : Mr.R.Vignesh For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.

ORDER

This writ petition has been filed in the nature of a Mandamus seeking a direction to the respondents to grant ordinary leave for a period of 30 days to the husband of the petitioner, namely, M.Kubendran (C.P.No.919), who is sentenced to 10 years in NDPS Act and is confined at Central Prison, Madurai. A representation had been given on 17.08.2024.

2. The reason as to why the leave is sought is that the son of the petitioner is studying in 10th Standard her daughter is studying in 7th Standard and the present petitioner has to arrange finance for the future education of the children.

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3. The learned Additional Public Prosecutor had raised objection. But, however, it is seen from the records that the respondents had not passed an order on the basis of the representation dated 17.08.2024.

4. In view of the particular fact, we issue a direction to the respondents to pass orders within a period of 10 days from the date of receipt of copy of this order.

4. With the above direction, the Writ Petition stands disposed of . No costs.

(C.V.K., J.) (R.P, J.) 21.10.2024 LS To

1. The Deputy Inspector General of Prison O/o. The Deputy Inspector General of Prison, and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

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C.V.KARTHIKEYAN, J.

and R.POORNIMA, J.

LS

2. The Superintendent, Central Jail, Madurai.

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

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