Madras High Court
Indumathi vs The State Of Tamil Nadu on 1 August, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
W.P.(MD) No.18110 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.(MD) No.18110 of 2024
Indumathi ... Petitioner
-vs-
1.The State of Tamil Nadu
rep.by the Principal Secretary
Home (Prison) Department
Fort St.George, Secretariat
Chennai-600 009
2.The Director General of Police
(Prisons) and Correctional Services
CMDA Tower-II
No.1, Gandhi Irwin Road
Egmore, Chennai-600 008
3.The Superintendent of Prison
Central Prison, Madurai ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of mandamus directing the third respondent to consider petitioner's
representation dated 27.07.2024 and to classify him as “A” Class Prisoner and
to provide the amenities that he is entitled under the Tamil Nadu Prison
Rules, 1983, within the time stipulated by this Court.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.18110 of 2024
For Petitioner : Mr.C.Iyyappa Raj
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Prayer in this writ petition is to direct the third respondent to consider the petitioner's representation dated 27.07.2024 and to classify her husband / convict as “A” Class Prisoner and to provide him necessary amenities under the provisions of the Tamil Nadu Prison Rules, 1983, within the time stipulated by this Court.
2. It is the case of the petitioner that her husband is in incarceration pursuant to the Judgment dated 19.10.2023, passed in S.C.No. 120 of 2021, on the file of the Additional District Court (Fast Track Court), Theni. He was an Advocate by profession. He was taking treatment to his illness in Government Rajaji Hospital, based on the recommendation of the third respondent and now, he has been shifted to the Central Prison for treatment. However, still he is suffering from various health ailments. Hence, the petitioner gave a representation to the respondents, on 27.07.2024, seeking to classify her husband as “A” Class Prisoner and provide him necessary amenities under the Tamil Nadu Prison Rules, 1983, taking into ____________ Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.18110 of 2024 consideration his social status, education and financial capacity. However, the respondents have not passed any orders based on the petitioner's representation. Hence, this writ petition.
3. Today, when the matter is taken up for hearing, Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, who takes notice for the respondents, on instructions, submitted that the petitioner's representation is under consideration and suitable orders will be passed in accordance with law, within a period of eight weeks from the date of receipt of a copy of this Court.
4. In view of the above submission of the learned Additional Public Prosecutor appearing for the respondents, this writ petition is disposed of with a direction to the respondents to consider the petitioner's representation dated 27.07.2024 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this Court. No costs.
[A.D.J.C., J.] [K.R.S., J.]
01.08.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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https://www.mhc.tn.gov.in/judis W.P.(MD) No.18110 of 2024 To:
1.The Principal Secretary, Home (Prison) Department, State of Tamil Nadu, Fort St.George, Secretariat, Chennai-600 009.
2.The Director General of Police (Prisons) and Correctional Services, CMDA Tower-II, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
3.The Superintendent of Prison, Central Prison, Madurai.
____________ Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.18110 of 2024 A.D.JAGADISH CHANDIRA, J.
AND K.RAJASEKAR, J.
krk W.P.(MD) No.18110 of 2024 01.08.2024 ____________ Page 5 of 5 https://www.mhc.tn.gov.in/judis