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Madras High Court

R.Kamalanathan vs The Secretary To Government Of Tamil ... on 22 October, 2024

Author: S.M.Subramaniam

Bench: S.M.Subramaniam, V.Sivagnanam

                                                                                        W.P.No.23691 of 2024

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED:      22.10.2024

                                                            CORAM :

                                      THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
                                                        AND
                                       THE HON'BLE MR.JUSTICE V.SIVAGNANAM

                                                      W.P.No.23691 of 2024

                     R.Kamalanathan                                     ..     Petitioner

                                                                v.

                     The State represented by its

                     1. The Secretary to Government of Tamil Nadu
                        Home Department (Prison Branch-IV)
                        Fort St.George, Chennai 600 009

                     2. The Superintendent
                        Puzhal-I, Central Prison
                        Chennai 600 066                                 ..     Respondents

                                  Petition filed under Article 226 of the Constitution of India, praying
                     for issuance of a Writ of Mandamus, directing the respondents to provide 'A'
                     class prison to the detenu Kamalananda, S/o Rasanayagam, aged about 74
                     years, Convict No.4220, confined at Central Prison, Puzhal 1 as per the Rule
                     225(i) of the Tamil Nadu Prison Rules, 1983.



                     ____________
                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                      W.P.No.23691 of 2024

                                        For Petitioner     ::    Dr.S.Manoharan

                                        For Respondents ::       Mr.E.Raj Thilak
                                                                 Additional Public Prosecutor

                                                            ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of mandamus has been instituted to direct the respondents to provide 'A' class prison to the detenu Kamalananda, S/o Rasanayagam, aged about 74 years, Convict No.4220 confined at Central Prison-I, Puzhal, as per Rule 225(i) of the Tamil Nadu Prison Rules, 1983.

2. Considering the facts and circumstances, this Court passed an interim order granting the benefit of 'A' class prison to the detenu taking note of his age and ailments.

3. The learned Additional Public Prosecutor would submit that the report of the Collector is yet to be received by the prison authorities. Therefore, the 'A' class prison facility already provided to the writ petitioner is directed to be continued, however, subject to the final report to be submitted by the District Collector on the issue. Thereafter, the prison ____________ Page 2 of 4 https://www.mhc.tn.gov.in/judis W.P.No.23691 of 2024 authorities may take a final decision and pass appropriate orders on merits and in accordance with law. The writ petition stands disposed of. Index : yes (S.M.S.,J.) (V.S.G.,J.) Neutral citation : yes/no 22.10.2024 ss To

1. The Secretary to Government Home Department (Prison Branch-IV) Fort St.George, Chennai 600 009

2. The Superintendent Central Prison-I, Puzhal Chennai 600 066

3. The Public Prosecutor High Court, Madras ____________ Page 3 of 4 https://www.mhc.tn.gov.in/judis W.P.No.23691 of 2024 S.M.SUBRAMANIAM,J.

AND V.SIVAGNANAM,J.

ss W.P.No.23691 of 2024 22.10.2024 ____________ Page 4 of 4 https://www.mhc.tn.gov.in/judis