Ramathal v. The Deputy Inspector General of Prisons

W.P.No.14678 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 20.06.2024CORAM :THE HONOURABLE MR. JUSTICE M.S. RAMESHandTHE HONOURABLE MR. JUSTICE SUNDER MOHANW.P.No.14678 of 2024 Ramathal... PetitionerVs.

The Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore – 641 018.

The Superintendent, Central Prison, Coimbatore – 641 018.... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondent to grant ordinary leave for 2 months without escort to the detenue, Senthilkumar, S/o.Palanisamy aged about 40 years, convict prisoner, bearing Convict No.14662, at Central Prison, Coimbatore. For Petitioner: Mr.S.PandiyanFor Respondents: Mr.A.Gokulakrishnan Additional Public Prosecutor Page 1 of 5 https://www.mhc.tn.gov.in/judis W.P.No.14678 of 2024ORDERM.S.RAMESH, J.ANDSUNDER MOHAN , J. This writ petition has been filed for the issuance of Writ of Mandamus, directing the respondents to grant ordinary leave for two months without escort for petitioner's son namely Senthilkumar, S/o.Palanisamy, aged about 40 years, Convict prisoner, Convict No.14662, confined at Central Prison, Coimbatore.2. The learned counsel for the petitioner submitted that a representation dated 17.04.2024 has been given to the respondents seeking for grant of two (2) months ordinary leave to her son on the ground that she is already 84 years, her two sons have already died and one daughter got married and went. He added that the petitioner is left with no one to support her and she had to manage with the old age allowance of Rs.1,200/- granted to her. The petitioner also wishes to spend sometime with her only son. Since, the representation of the petitioner was not considered by the respondents, the present petition has been preferred by the petitioner. Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.14678 of 20243. The learned Additional Public Prosecutor has produced a report of the Probation Officer dated 08.05.2024, which is in favour of the life convict and the Probation Officer has stated that the reason for which the petitioner seeks ordinary leave for her son, is a genuine one.

Since the Probation Officer has recommended that the reasons assigned in the representation are genuine, this Court is inclined to consider the prayer sought for by the petitioner in this Writ Petition.

With the above direction, the Writ Petition stands allowed. No costs.[M.S.R., J] [S.M., J] 20.06.2024Index: Yes/NoNeutral CitationkasNote: Issue Order Copy on 25.06.2024To1.The Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore – 641 018.2.The Superintendent, Central Prison, Coimbatore – 641 018.3.The Public Prosecutor, High Court of Madras, Chennai 600 104. Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.No.14678 of 2024M.S.RAMESH, J.andSUNDER MOHAN, J.kasW.P.No.14678 of 202420.06.2024Page 5 of 5