D.Shoba Esthar v. The Deputy Inspector General Of Prisons
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL D.Shoba Esthar .. Petitioner vs 1.The Deputy Inspector General of Prisons, DIG Office, Near Central Prison, Madurai Range, Madurai - 625 016.
2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District - 627 002.
.. 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 emergent parole leave to the petitioner's husband ie., V.Prince LTC.No.3898 for a period of 30 days so as to take care of the petitioner for serious illness of cardio issues by considering the petitioner's representation dated 19.09.2023. Page Nos.1/9
For Petitioner :
Mr.J.Vivek for Mr.A.Balaji For Respondents :
Mr.A.Thiruvadi Kumar Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' [hereinafter 'WP' for the sake of clarity and convenience] has been filed in this Court on 13.10.2023 with a Mandamus prayer qua 'a representation dated 19.09.2023' [hereinafter 'said representation' for the sake of brevity] seeking leave for writ petitioner's spouse Thiru.V.Prince (LTC No.3898) who is a prison inmate now lodged in Palayamkottai Central Prison. 2.Mr.J.Vivek, learned counsel representing counsel on record for writ petitioner is before us.
3.To be noted, a scanned reproduction of said representation as placed before us is as follows:
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4.In the aforementioned representation, leave has been sought inter alia on the grounds of ill health of prison inmate's mother and the need to make arrangements to take care of her and emergent leave is sought.
5.Learned counsel at the bar submitted that 30 days of ordinary leave is the plea in the light of how prison inmate and his mother are circumstanced. This submission is recorded. 6.Issue notice.
7.Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor accepts notice for the respondents and learned Prosecutor on instructions submits that aforementioned 19.09.2023 representation is being considered.
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8.If the prayer is for ordinary leave, owing to Rule 19 of 'the Tamil Nadu Suspension of Sentence Rules, 1982' (hereinafter 'said Rules' for the sake of convenience and clarity) the authority, who is vested with the power to grant the same, is the first respondent and the aforementioned plea of the writ petitioner would fall under Rule 20(vii) of said Rules.
9.Owing to the narrow scope of the captioned WP, main WP is taken up in the Admission Board itself with the consent of both sides. 10.In the light of the narrative thus far, we now dispose of captioned WP with a directive to the first respondent to dispose of aforementioned 19.09.2023 representation on its own merits and in accordance with law as expeditiously as the official business of first respondent would permit but in any event within a fortnight from today i.e., by 01.11.2023.
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11.The order of first respondent disposing of the aforementioned said representation shall be communicated to said prison inmate forthwith and to writ petitioner under due acknowledgment within seven working days therefrom. 12.Captioned WP is disposed of with the aforesaid manner with observations as above and with the aforesaid directive. There shall be no order as to costs.
(M.S.,J.) (R.S.V.,J.) 18.10.2023 Index : Yes/No ps Page Nos.7/9
To 1.The Deputy Inspector General of Prisons, DIG Office, Near Central Prison, Madurai Range, Madurai - 625 016.
2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District - 627 002.
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M.SUNDAR, J., and R.SAKTHIVEL, J., ps 18.10.2023 Page Nos.9/9