Maruthambal v. The Principal Secretart To Government
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.30949 of 2023 Maruthambal : Petitioner Vs.
1.The Principal Secretary to Government, Home, Prohibition & Excise (Prison - IV) Fort St. George, Chennai - 600 009.
2.Director General of Prisons, Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai - 600 008.
3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Trichy - 620 023.
4.The Superintendent of Prisons, Central Prison, Trichy - 620 020.
: Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to grant 30 days ordinary leave without police escort to petitioner's son namely Mahendran S/o.Chidambaram (Convict Prisoner No. 24829) lodged at Central Prison, Tiruchirappalli, by considering her representation dated 09.12.2023 forthwith.
For Petitioner : Mr.C.Karthikeyan 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 19.12.2023.
2. Factual matrix in a nutshell is that WP petitioner's son Mr.Mahendran, son of Mr.Chidambaram is a life convict now lodged in Central Prison, Tiruchirappalli - 620 020 (Convict Prisoner No.24829); that
WP petitioner's son shall hereinafter be referred to as 'said prison inmate' for the sake of convenience and with the intention of using better / refined glossary; WP petitioner has sent a 'representation dated 09.12.2023' (hereinafter 'said representation' for the sake of convenience and clarity) seeking 30 days ordinary leave for said prison inmate inter alia on the ground that her daughter-in-law (said prison inmate's wife Saranya) is very unwell and it is necessary as per medical advice to admit her as an inpatient in the hospital and give further treatment; that said representation is pending which necessitated the filing of the captioned WP is learned counsel's say.
3. Before we proceed further, we deem it appropriate to scan and reproduce the said representation. We do so and the same is as follows:
4. Issue notice.
5. Mr.A.Thiruvadi Kumar, learned State Additional Public Prosecutor accepted notice for all four respondents and submitted on instructions that said representation is under consideration and two (2) weeks from today will be a reasonable / realistic time frame for the third respondent to take a decision on the said representation.
6. To be noted, vide Rule 19 of 'the Tamil Nadu Suspension of Sentence Rules, 1982' (hereinafter 'said Rules' for the sake of convenience and clarity), third respondent is the authority vested with powers to grant ordinary leave.
7. In the light of the narrative thus far, main Writ Petition was taken up and heard out with the consent of both sides as there is no serious contestation or nothing very contentious in disposing of captioned WP by giving a simple directive to third respondent to consider the aforementioned said representation in accordance with said Rules bearing in mind the principles laid down by this Court in Selvam's case reported in Neutral Citation of this Court being 2023:MHC:4258, Ishwariya's case being order dated 27.09.2023 in W.P.No.28162 of 2023 and Ambikavathi's case being
order dated 30.10.2023 made in W.P.(MD)No.21785 of 2023. To be noted, this Ishwariya's case, Selvam's case reported in 2023:MHC:4258 (Neutral Citation of Madras High Court) and Ambikavathi's case inter alia turn on interpretation of Rule 35 of said Rules.
8. Captioned WP is disposed of with a directive to third respondent to consider said representation on its own merits and in accordance with law albeit bearing in mind aforementioned Ishwariya's case, Selvam's case and Ambikavathi's case principles and pass orders as expeditiously as the business of the third respondent would permit but in any event within a fortnight from today ie., by 05.01.2024.
9. Captioned WP is disposed of in the aforesaid manner with the aforementioned simple directive albeit with observations as above. There shall be no order as to costs.
[M.S.,J.] & [R.S.V.,J.] 22.12.2023 Index : Yes vsm Post Script:
Though captioned WP has been disposed of, the same shall be listed in the cause list caption 'FOR REPORTING COMPLIANCE' on 10.01.2024.
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.
M.SUNDAR, J.
and R.SAKTHIVEL, J.
vsm W.P.(MD)No.30949 of 2023 22.12.2023