Madras High Court
Mariya Thangaraj vs The State Represented By on 3 October, 2023
W.P(MD)No.23975 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.10.2023
Coram
THE HON'BLE MR.JUSTICE M.SUNDAR
and
THE HON'BLE MR. JUSTICE R.SAKTHIVEL
W.P(MD)No.23975 of 2023
Mariya Thangaraj .. Petitioner
vs
1.The State represented by,
The Secretary to Government of Tamil Nadu,
Department of Home, Fort St George,
Chennai – 600 009.
2.The Deputy Inspector General of Police (Prison),
Madurai Range, Madurai.
3.The Superintendent of Police,
Palayamkottai Central Prison,
Tirunelveli District. .. Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of Mandamus directing the respondents to
grant ordinary leave for 28 days without escort to the petitioner's son namely
Johnsingh, S/o.Mariya Thangaraj, aged about 37 years, life convict prisoner
bearing convict No.LCT No.3652 detained at Central Prison, Palayamkottai.
For Petitioner : Mr.M.Perumal
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
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W.P(MD)No.23975 of 2023
ORDER
[Order of the Court was made by R.SAKTHIVEL, J.]
Petitioner, who is the father of prison inmate Johnsingh, filed
this Writ Petition under Article 226 of the Constitution of India, seeking to
grant an ordinary leave for 28 days without escorts to the prison inmate. The
prison inmate is a life convict (Convict No.3652), convicted and sentenced
by the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila
Court), Thoothukudi, vide Judgment passed in Sessions Case No.458 of
2015. Prison inmate has been incarcerated for the past 7-1/2 years. Petitioner
is now unwell and facing some health issues. Hence, he could not visit
Central Prison, Palayamkottai. Petitioner sent a representation on 22.09.2023
to the respondents requesting to grant 20 days ordinary leave. Since the
respondents have not taken steps, petitioner has filed the Writ of Mandamus.
2.Learned counsel for the petitioner has reiterated the averments
made in the petition and submitted that the petitioner has sent a
representation on 22.09.2023 to the respondents through registered post.
Scanned reproduction of the same is as follows:-
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W.P(MD)No.23975 of 2023
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W.P(MD)No.23975 of 2023
3.Admit. Issue notice to the respondents.
4.Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor,
accepts notice for all the respondents and submits that the petitioner's
representation is under consideration by the second respondent.
5.We have considered both sides submissions. Petitioner's
representation does not contain a date, but it was sent to the respondents on
22.09.2023. Photocopy of the postal receipt has been annexed along with
typedset. Factum of receipt of the aforesaid representation by the
respondents is not disputed.
6.In view of the nature of the representation and the submissions made
by learned Additional Public Prosecutor, we are inclined to pass the
following order:
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W.P(MD)No.23975 of 2023
'The second respondent is directed to consider the
aforesaid representation and pass appropriate orders on its
own merits and in accordance with law within a period of
one week from today ie., on or before 10.10.2023.'
7.This Writ Petition is disposed of with the above direction. There shall be
no order as to costs.
(M.S.,J.) (R.S.V.,J.)
03.10.2023
Index : Yes/No
Neutral Citation : Yes/No
ps
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W.P(MD)No.23975 of 2023
To
1.The Secretary to Government of Tamil Nadu,
Department of Home,
Fort St George,
Chennai – 600 009.
2.The Deputy Inspector General of Police (Prison),
Madurai Range,
Madurai.
3.The Superintendent of Police,
Palayamkottai Central Prison,
Tirunelveli District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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W.P(MD)No.23975 of 2023
M.SUNDAR, J.,
and
R.SAKTHIVEL, J.,
ps
W.P(MD)No.23975 of 2023
03.10.2023
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