Karmegam v. The State Represented by Its

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 by father of convict prisoner. Name of the convict prisoner is 'Thiru.Chinnathambi @ Aruva Chinnathambi' [LCT.No.2673] son of Thiru.Karmegam, aged about 45 years [hereinafter 'said prison inmate' for the sake of convenience and with the intention of using better / refined Glossary]. Said prison inmate is now lodged in Palayamkottai Central Prison, Tirunelveli District.

¶2WP petitioner [said prison inmate's father] has sent a representation dated 14.11.2023 to respondents 2 and 3 seeking 30 days ordinary leave without escort and a scanned reproduction of 14.11.2023 representation is as follows:- Page No.2 of 7 Page No.3 of 7

¶3This 14.11.2023 representation shall hereinafter be referred to as 'said representation' for the sake of convenience and clarity.

¶4Said representation remains unattended and that has necessitated filing of captioned WP with the Mandamus prayer is learned counsel's say.

¶5Issue notice.

¶6Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor accepts notice and submits on instructions that said representation is under consideration and the same will be decided within one week from today i.e.,

26.12.2023. As said representation is one seeking ordinary leave without escort, decision has to be taken by 2nd respondent in the light of Rule 19 of 'Tamil Nadu Suspension of Sentence Rules, 1982' [hereinafter 'said Rules' for Page No.4 of 7 the sake of convenience]. Let the 2nd respondent take a decision on said representation [scanned and reproduced supra] as expeditiously as his business would permit but in any event by 26.12.2023. Decision shall be communicated to WP petitioner as well as said prison inmate within three working days.

¶7Though obvious, we make it clear that said representation shall be considered and decided on its own merits and in accordance with law more particularly in accordance with said Rules.

¶8Captioned 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.) Index : Yes

19.12.2023 : Yes bala To

¶1The Secretary to Government of Tamilnadu, Department of Home, Fort St.George, Chennai - 600 009.

¶2The Deputy Inspector General of Police (Prison), Madurai Range, Page No.5 of 7 Madurai.

¶3The Superintendent of Police, Palayamkottai Central Prison, Tirunelveli District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Page No.6 of 7 W.P(Mi)No.30058oofo2023 M.SUNDAR,oJ. and R.SAKTHIVEL,oJ. balaoo o ORDERoMADEoIN W.P(MD)No.30058oofo2023 DATEDo:o19.12.2023 PageoNo.7oofo7

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2023 CORAM : THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Karmegam ... Petitioner vs. 1. The State represented by its The Secretary to Government of Tamilnadu, 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 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 30 days without escort to the petitioner's son namely, Chinnathambi @ Aruva Chinnathambi, S/o. Karmegam, aged about 45 years life convict prisoner bearing Convict No.LCT.No.2673 detained at Central Prison, Palayamkottai. Page No.1 of 7 For Petitioner : Mr.M.Perumal For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor