Uma v. The Deputy Inspector General Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.P.(MD)No.31004 of 2023 Uma : 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, Madurai.
2.The Superintendent of Prison, Central Jail, Palayamkottai, 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
brother namely Mayandi S/o.Sudalaimuthu, CP.No.4777 who is life convict prisoner in a murder case and languishing in Palayamkottai Central Jail, Tirunelveli District for the period of 8 years by considering the petitioner's representation dated 28.11.2023.
For Petitioner : Mr.S.M.A.Jinnah 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' ('WP' for the sake of brevity) has been filed in this Court on 18.12.2023.
2. Factual matrix in a nutshell is that WP petitioner's brother one Mr.Mayandi, son of Sudalaimuthu, is a life convict and he is now lodged in Palayamkottai Central Prison, Tirunelveli District (C.P.No.4777); that WP petitioner has given a 'representation dated 28.11.2023' seeking 30 days ordinary leave (hereinafter 'said representation' for the sake of
convenience); that said representation is remaining unattended and that has necessitated the filing of captioned WP, is learned counsel's say.
3. In the Admission Board hearing today, Mr.S.M.A.Jinnah, learned counsel on record for WP petitioner was before us on a 'Video Conferencing' ('VC' for the sake of brevity) platform and his co-counsel Mr.S.Nihar Ali was before us in the physical Court ( to be noted, this is a hybrid hearing).
4. Learned counsel for WP petitioner reiterated the aforesaid facts.
5. Before we proceed further, we deem it appropriate to scan and reproduce said representation. We do so and the same is as follows:
6. Issue notice.
7. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor accepted notice for both the respondents and submitted, on instructions, that an appeal against conviction is pending.
8. In the light of the narrative thus far, considering the ground on which leave has been sought (a function for WP petitioner's daughter on 25.12.2023) with the consent of both sides, we take up the main Writ Petition and heard out the same in the Admission Board itself.
9. After giving careful consideration to the submissions made on either side, obtaining rule position and obtaining principles of law, we make the following order:
a) said representation shall be considered by first respondent and a decision shall be taken by day-aftertomorrow ie., by 24.12.2023 (to be noted vide Rule 19 of 'the Tamil Nadu Suspension of Sentence Rules, 1982',
{hereinafter 'said Rules' for the sake of brevity}, first respondent is the authority vested with powers to grant ordinary leave);
b) first respondent is directed to consider the said representation on its own merits and in accordance with law albeit bearing in mind Akram Khan's case ie., ratio/principle laid down by this Court vide order dated 19.07.2023 made in W.P.No.21242 of 2023 (Akram Khan Vs. The State of Tamil 2023:MHC:3911 (Sathyakala Vs. The State of Tamil Nadu); c) the decision taken by the first respondent shall be communicated to the WP petitioner as well as the said prison inmate forthwith;
d) it is open to the WP petitioner and / or said prison inmate and / or any one concerned for said prison inmate to
give additional representation latest by 5.30 p.m. today setting out other grounds / reasons if any; and e) if additional representation is given, while taking a call on the plea for ordinary leave, the additional representation shall also be taken into consideration. In the event of the additional representation containing grounds for emergency leave, it will be open to the second respondent (vide Rule 10 of said Rules) to take a call on the same.
10. Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs.
[M.S.,J.] & [R.S.V.,J.] 22.12.2023 Index : Yes vsm Post Script:
(i)Upload forthwith (ii)All concerned to act on this order being uploaded in official website of this Court without insisting on certified copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
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, Madurai.
2.The Superintendent of Prison, Central Jail, Palayamkottai, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
W.P.(MD)No.31004 of 2023 22.12.2023