Perumal v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date: 17.10.2024

CORAM

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

1. The Principal Secretary to Government Home, Prohibition & Excise (Prison-IV) Department, Fort St. George, Chennai- 600 009

2. The Inspector General of Prisons O/o.Prison Department Head Quarters Whannels Road, Egmore Chennai- 600 008

3. The Deputy Inspector General of Prison Trichy Range, Race Course Road Trichy- 620 023

4. The Superintendent of Prisons Central Prison, Trichy

5. The Superintendent of Police District Police Office High Ground Road, Tirunelveli 627 011 ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of mandamus directing the respondents to grant 28 days ordinary leave without police escort to petitioner's son namely Doss @ Vatakam @ Pethaperumal @ Perumal, S/o. Perumal(Convict Prisoner No.23331,P.I.D.No.34432) now confined at Central Prison, Tiruchirapalli, forthwith considering the petitioner's representation dated 18.09.2024.

For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor.

ORDER

The writ petition has been filed in the nature of Mandamus seeking consideration of the representation dated 18.09.2024, by which representation the petitioner had sought grant of ordinary leave for 28 days to his son Doss @ Vatakam @ Pethaperumal @ Perumal, S/o. Perumal(Convict Prisoner No.23331,P.I.D.No.34432) now confined at Central Prison, Tiruchirapalli 2.The learned Additional Public Prosecutor forwarded a copy of the proceedings dated 16.10.2024 issued by the third respondent 2/5

in No.489/Kc/2024 ,whereby the said representation had been rejected. Additionally the petitioner had also impleaded as fifth respondent, the The Superintendent of Police, District Police Office, Tirunelveli and on behalf of the jurisdiction police written instructions have also been forwarded by the learned Additional Public Prosecutor, wherein again objections have been raised by the Inspector of Police, Manur Police Station, Tenkasi District

3. Inview of the fact that orders have been passed on the representation, Writ of Mandamus would not lie any further and the writ petition stands dismissed, however granting liberty to the petitioner to question and challenge rejection order of the representation given in the appropriate manner.

(C.V.K., J.) (R.P, J.) 17.10.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No aav 3/5

To

1. The Principal Secretary to Government Home, Prohibition & Excise (Prison-IV) Department, Fort St. George, Chennai- 600 009

2. The Inspector General of Prisons O/o.Prison Department Head Quarters Whannels Road, Egmore Chennai- 600 008

3. The Deputy Inspector General of Prison Trichy Range, Race Course Road Trichy- 620 023

4. The Superintendent of Prisons Central Prison, Trichy

5. The Superintendent of Police District Police Office High Ground Road, Tirunelveli 627 011 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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C.V.KARTHIKEYAN, J.

and R.POORNIMA, J.

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