Mariya Thangaraj v. The State Represented By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL Mariya Thangaraj .. Petitioner vs 1.The State represented by, The Secretary to Government of Tamil Nadu, Department of Home, Fort St George, Chennai - 600 009.
2.The Deputy Inspector General of Police (Prison), Madurai Range, Madurai.
3.The Superintendent of Police, Palayamkottai Central Prison, Tirunelveli District.
.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to grant ordinary leave for 28 days without escort to the petitioner's son namely Johnsingh, S/o.Mariya Thangaraj, aged about 37 years, life convict prisoner bearing convict No.LCT No.3652 detained at Central Prison, Palayamkottai. For Petitioner :
Mr.M.Perumal For Respondents :
Mr.A.Thiruvadi Kumar Additional Public Prosecutor Page Nos.1/7
ORDER
[Order of the Court was made by R.SAKTHIVEL, J.] Petitioner, who is the father of prison inmate Johnsingh, filed this Writ Petition under Article 226 of the Constitution of India, seeking to grant an ordinary leave for 28 days without escorts to the prison inmate. The prison inmate is a life convict (Convict No.3652), convicted and sentenced by the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Thoothukudi, vide Judgment passed in Sessions Case No.458 of 2015. Prison inmate has been incarcerated for the past 7-1/2 years. Petitioner is now unwell and facing some health issues. Hence, he could not visit Central Prison, Palayamkottai. Petitioner sent a representation on 22.09.2023 to the respondents requesting to grant 20 days ordinary leave.
Since the respondents have not taken steps, petitioner has filed the Writ of Mandamus. 2.Learned counsel for the petitioner has reiterated the averments made in the petition and submitted that the petitioner has sent a representation on 22.09.2023 to the respondents through registered post. Scanned reproduction of the same is as follows:- Page Nos.
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3.Admit. Issue notice to the respondents.
4.Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, accepts notice for all the respondents and submits that the petitioner's representation is under consideration by the second respondent. 5.We have considered both sides submissions. Petitioner's representation does not contain a date, but it was sent to the respondents on 22.09.2023. Photocopy of the postal receipt has been annexed along with typedset. Factum of receipt of the aforesaid representation by the respondents is not disputed.
6.In view of the nature of the representation and the submissions made by learned Additional Public Prosecutor, we are inclined to pass the following order:
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'The second respondent is directed to consider the aforesaid representation and pass appropriate orders on its own merits and in accordance with law within a period of one week from today ie., on or before 10.10.2023.' 7.This Writ Petition is disposed of with the above direction. There shall be no order as to costs.
(M.S.,J.) (R.S.V.,J.) 03.10.2023 Index : Yes/No ps Page Nos.5/7
To 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St George, Chennai - 600 009.
2.The Deputy Inspector General of Police (Prison), Madurai Range, Madurai.
3.The Superintendent of Police, Palayamkottai Central Prison, Tirunelveli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.SUNDAR, J., and R.SAKTHIVEL, J., ps 03.10.2023 Page Nos.7/7