Kaniyammal v. The Deputy Inspector General Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2023 CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Kaniyammal ... Petitioner vs.
1. The Deputy Inspector General of Prison, Madurai Central Prison Campus, Madurai Range, Madurai.
2. The Superintendent of Police, Palayamkottai Central Prison, Palayamkottai.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to grant 28 days ordinary leave without escort to the petitioner's father by name Karuppaiah (LCT 886) son of Chinnamadan aged about 80 years and to the petitioner's elder brother by name Ponnusamy (LCT 887) son of Karuppaiah aged about 47 years, who are confining at Palayamkottai Central Prison as life convict to make arrangement for the partition of their family property in pursuance of rule 20(v) of the Tamilnadu Suspension of Sentence Rules, 1982 and on the basis of the G.O.Ms.Nos.205, Home (Prison V) Department, dated 25.04.2022 by considering the representation submitted by the petitioner's father by name Karuppaiah dated 07.09.2023 to the respondent No.1 through the respondent No.2 and by considering the representation submitted by the brother of the petitioner by name Ponnusamy dated 11.09.2023 to the respondent No.1 through the respondent No.2 in accordance with law. For Petitioner : Mr.R.Alagumani Page No.1 of 7
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] has been filed in this Court on 07.12.2023 with a Mandamus prayer qua a plea for 28 days ordinary leave for WP petitioner's father Thiru.Karuppaiah (LCT 886) and elder brother Thiru.Ponnusamy (LCT 887). 2.
Mr.R.Alagumani, learned counsel on record for WP petitioner, adverting to representations dated 07.09.2023 and 11.09.2023 sent by WP petitioner's father Thiru.Karuppaiah and WP petitioner's brother Thiru.Ponnusamy respectively, submits that leave has been sought on two grounds and they are, (a) settling partition of family property; and (b) WP petitioner [prison inmates' daughter and sister respectively] is unwell and is required to undergo a surgery.
3.
Aforementioned 07.09.2023 and 11.09.2023 representations [hereinafter 'said representations' collectively for the sake of convenience] are unattended necessitating the filing of captioned WP is learned counsel's say.
Page No.2 of 7
4.
Issue notice to respondents.
5.
Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor accepts notice for both respondents and submits on instructions that said representations are now under consideration and orders will be made in one week i.e., before 20.12.2023.
6.
We find that the grounds on which ordinary leave has been sought fits into sub clauses (v) and (vii) of Rule 20 of 'Tamil Nadu Suspension of Sentence Rules, 1982' [hereinafter 'said Rules' for the sake of brevity] but we do not express any view or opinion on the merits of the matter as we are now relegating the matter to the authority concerned. As it is ordinary leave, decision has to be taken by the 1st respondent in the light of Rule 19 of said rules.
7.
Let the 1st respondent take a decision on said representations as expeditiously as his business would permit but in any event within a week from today i.e., 20.12.2023.
8.
Considering the convenience of all concerned, we deem it appropriate to extract and reproduce said representations i.e., representations Page No.3 of 7
dated 07.09.2023 and 11.09.2023 respectively. A scanned reproduction of the same are as follows:
Page No.4 of 7
Page No.5 of 7
9.
Captioned WP is disposed of in the aforesaid manner with aforementioned directive. There shall be no order as to costs. (M.S., J.) (R.S.V., J.) 13.12.2023 Index : Yes / No : Yes / No bala PS : List under the cause list caption 'FOR REPORTING COMPLIANCE ON 22.12.2023.
To
1. The Deputy Inspector General of Prison, Madurai Central Prison Campus, Madurai Range, Madurai.
2. The Superintendent of Police, Palayamkottai Central Prison, Palayamkottai.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Page No.6 of 7
M.SUNDAR, J.
and R.SAKTHIVEL, J.
bala ORDER MADE IN DATED : 13.12.2023 Page No.7 of 7