LAWS(MAD)-2022-4-161

M. JEYAMMAL Vs. STATE

Decided On April 22, 2022
M. Jeyammal Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Seeking 30 days ordinary leave under the Tamil Nadu Suspension of Sentence Rules, 1982 (for brevity "the Sentence Suspension Rules") for Mathaiyan, aged about 75 years, who is a life convict and now confined in the Central Prison, Salem, his daughter Jeyammal, addressed a representation dtd. 22/1/2022 and finding no response therefor, she followed it up by filing the present writ petition, seeking a writ of mandamus directing the respondents to consider her representation dtd. 22/1/2022 and release her father on 30 days ordinary leave.

(2.) Heard Ms. S. Nadhiya, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondents/State.

(3.) The learned Additional Public Prosecutor produced a copy of the order dtd. 25/1/2022 passed by the Superintendent, Central Prison, Salem, rejecting the petitioner's leave application dtd. 22/1/2022 on the ground that the convict prisoner Mathaian had been, inter alia, convicted for the offence under Sec. 396 IPC and sentenced to undergo life imprisonment therefor and hence, he would not be entitled to ordinary leave of 30 days as per Rule 21 of the Sentence Suspension Rules. A copy of the rejection order dtd. 25/1/2022 was furnished to the learned counsel for the petitioner.