Vijay Kumar v. The Additional Director General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)NO.22504 OF 2023 Vijay Kumar :Petitioner .vs.

1.The Additional Director General of Prison, Egmore, Chennai - 600 008.

2.The Deputy Inspector General(Prison), Tiruchirappalli Range, Central Prison, Tiruchirappalli.

3.The Superintendent, Central Prison, Tiruchirappalli.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to consider the Petitioner's representation dated 12.09.2023 and consequently direct the respondents 2 and 3 to release the Petitioner's brother namely, Sasikumar, Son of Konnachi, aged about 35 years with C.P.No.24154 on parole/emergency leave for three days to attend the fifth day funeral rites of the Petitioner's mother Schedule from 13.09.2023 to 15.09.2023 at Mudalaipatti, Kulithalai Taluk, Karur - 639 103.

1/4

For Petitioner :Mr.K.R.Kishore Ram For Respondents :Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

********* (Order of the Court was made by S.S.SUNDAR,J) This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the third respondent to consider the Petitioner's representation dated 12.09.2023 and consequently direct the respondents 2 and 3 to release the Petitioner's brother namely, Sasikumar, Son of Konnachi, aged about 35 years with C.P.No.24154 on parole/emergency leave for three days to attend the fifth day funeral rites of the Petitioner's mother Schedule from 13.09.2023 to 15.09.2023 at Mudalaipatti, Kulithalai Taluk, Karur - 639 103.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents produced a communication of the Superintendent of Prison, Central Prison, 2/4

Tiruchirappalli, dated 13.09.2023 before this Court, rejecting the request of the Petitioner to grant leave for his brother to attend the fifth day funeral rites of the Petitioner's mother and hence, the Petitioner has to challenge the above said proceedings in the manner known to law.

4.Granting such liberty to the Petitioner, the Writ Petition stands closed. No costs.

[S.S.S.R.,J.] [D.B.C,J.] 13.09.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Additional Director General of Prison, Egmore, Chennai - 600 008.

2.The Deputy Inspector General(Prison), Tiruchirappalli Range, Central Prison, Tiruchirappalli.

3.The Superintendent, Central Prison, Tiruchirappalli.

3/4

S.S.SUNDAR, J.

AND D.BHARATHA CHAKRAVARTHY,J.

vsn 0RDER MADE IN W.P(MD)No.22504 of 2023 13.09.2023 4/4