Subathra v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2023 CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Subathra ... Petitioner vs.
1. The State of Tamil Nadu, Rep. by its Secretary to Government, The Home Department, (Prison V), State of Tamil Nadu, Fort St.George, Chennai.
2. The Director General of Police/Director of Prisons and Correctional Services, C.M.D.A. Towers II, No.1, Gandhi Irvin Road, Elumbur, Chennai-8.
3. The Deputy Inspector General of Prisons, (Head Quarters), Whannels Road, Egmore, Chennai - 600 008.
4. The Deputy Inspector General of Prison, Madurai Central Prison Campus, Madurai Range, Madurai.
5.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 4 and 5 to Page No.1 of 6
grant 28 days ordinary leave to petitioner's younger brother by name Arun @ Arunkumar son of Patchi, now confining as life convict prisoner at Palayamkottai Central Prison, Tirunelveli to divide the family property to our legal heirs and for the better treatment to petitioner's mother who is suffering from illness on the basis of G.O.Ms(No).205 Home (PrisonV) Department dated 25.04.2022 in accordance with law. For Petitioner : Mr.S.Ramesh Kumar For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity, convenience and clarity) has been filed in this Court on 21.11.2023 with a mandamus prayer qua 'a representation dated 08.11.2023' (hereinafter 'said representation' for the sake of convenience) sent by the WP petitioner seeking 28 days ordinary leave to WP petitioner's younger brother one Thiru.Arun @ Arunkumar son of Thiru.Patchi, now confined in Palayamkottai Central Prison, Tirunelveli, serving life sentence. 2.Issue notice.
3.Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor accepts notice on behalf of all five respondents and submits that the said Page No.2 of 6
representation is under consideration of the respondents and that the second respondent will take a call. Learned Prosecutor submits that three weeks would be a realistic time frame.
4.In the light of the narrative thus far, captioned WP is disposed of with a directive to the respondents to consider the WP petitioner's said representation i.e., representation dated 08.11.2023 as expeditiously as possible but in any event within three weeks from today i.e., by 18.12.2023.
5.We deem it appropriate to extract and reproduce said representation as placed before us:
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6.The second respondent shall take a call i.e., decide on the aforesaid representation on its own merits and in accordance with law as expeditiously as his business would permit and in any event within three weeks from today i.e., by 18.12.2023.
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7. Captioned WP is disposed of with the aforementioned directive. There shall be no order as to costs.
(M.S., J.) (R.S.V., J.) 27.11.2023 Index : Yes/No PKN To
1. Secretary to Government, The State of Tamil Nadu, The Home Department, (Prison V), State of Tamil Nadu, Fort St.George, Chennai.
2. The Director General of Police/Director of Prisons and Correctional Services, C.M.D.A. Towers II, No.1, Gandhi Irvin Road, Elumbur, Chennai-8.
3. The Deputy Inspector General of Prisons, (Head Quarters), Whannels Road, Egmore, Chennai - 600 008.
4. The Deputy Inspector General of Prison, Madurai Central Prison Campus, Madurai Range, Madurai.
5.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.SUNDAR, J.
and R.SAKTHIVEL, J.
PKN ORDER MADE IN 27.11.2023 Page No.6 of 6