Sornam v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.P.(MD)No.26966 of 2023 Sornam : Petitioner Vs.

1.The Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road.

2.The Superintendent of Prison, Palayamkottai Central Jail, Tirunelveli District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondent Nos.1 and 2 to grant ordinary leave for the period of 30 days without escort to the Petitioner's Son namely Manickaraj @ Manraj @ Manro (LCT No.3874) who is

convicted in one murder case and languishing jail in Palayamkottai Central Jail for the past 7 years by considering the Petitioners representation dated on 01.11.2023 For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.A.Thiurvadi Kumar, Additional Public Prosecutor.

O R D E R

[Order of the Court was made by M.SUNDAR, J.] Captioned writ petition has been filed in this Court on 07.11.2023 with a mandamus prayer qua a 'representation dated 01.11.2023' ['said representation' for the sake of convenience and clarity].

2. Mr.S.M.A.Jinnah, learned counsel for Writ Petitioner submits that Writ Petitioner's son one Manickaraj @ Manraj @ Manro is a prison inmate lodged in Palayamkottai Central Prisoin, Trirunelveli District [LCT No. 3874]. Learned counsel submitted that a representation dated 01.11.2023 was given seeking one month ordinary leave inter alia of the grounds that Writ Petitioner [prison inmate's mother] is very unwell and some arrangements have to be made for sale of a property.

3. Issue notice. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor accepts notice on behalf of both the respondents and submits on written instructions that said representation is under active consideration of the respondents and that a decision will be taken by the first respondent within three weeks from today ie., by 01.12.2023.

4. Let the said representation be decided by the first respondent on its own merits and in accordance with law as expeditiously as the business of the office of the first respondent would permit but in any event by 01.12.2023.

5. Captioned Writ Petition is disposed of with the aforementioned direction. There shall be no order as to costs. [M.S.,J.] & [R.S.V.,J.] vsm 10.11.2023 Index : Yes/No

M.SUNDAR, J.

and R.SAKTHIVEL, J.

vsm To 1.The Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road.

2.The Superintendent of Prison, Palayamkottai Central Jail, Tirunelveli District.

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

W.P.(MD)No.26966 of 2023 10.11.2023