S.Megalakumari v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR S.Megalakumari .. Petitioner Vs.

1.The Principal Secretary, Home Department (Prisons), State of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Police (Prisons)/ The Inspector General of Prisons, Office of DGP (Prisons)/I.G of Prisons, No.1, Gandhi Irwin Road, Egmore, Chennai.

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

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondent No.1 to extend the

emergency leave to the petitioner's husband by name C.L. Saravanapandiyan son of Lakshmana Thevar (C.P.No.3847) to undergo angioplasty surgery treatment for his heart ailment. For Petitioner : Mr.S.Malaikani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) By consent of both the parties, this Writ Petition is taken up for final disposal.

2. The petitioner's husband was granted emergency leave on medical grounds by the respondents on 28.08.2023 for a period of four days, as per which, he is required to report back to the third respondent today, i.e., 01.09.2023 at 5.00 PM. Claiming that her husband requires further medical treatment, the present Writ Petition has been filed seeking for extension of the emergency leave granted to him on 28.08.2023.

3. No medical records have been produced before us to substantiate that the petitioner's husband had either taken treatment during the period of emergency leave or that he requires further medical assistance. In the absence of the same, we are not inclined to consider the prayer sought for in the present Writ Petition. However, if the petitioner is of the view that her husband requires further medical treatment, it is open to her to give a representation to the third respondent herein seeking for such further emergency leave and on receipt of the same, the third respondent herein shall consider it on its own merits and pass appropriate orders in accordance with law as expeditiously as possible.

4. Accordingly, the Writ Petition stands closed. There shall be no order as to costs.

(M.S.R.,J.) (M.N.K.,J.) 01.09.2023 NCC : Yes / No Index : Yes / No Lm

To 1.The Principal Secretary, Home Department (Prisons), State of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Police (Prisons)/ The Inspector General of Prisons, Office of DGP (Prisons)/I.G of Prisons, No.1, Gandhi Irwin Road, Egmore, Chennai.

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

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

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

Lm 01.09.2023