Kavitha v. State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Monday, the Fourth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice DR.G.JAYACHANDRAN AND The Hon`ble Mr.Justice C.KUMARAPPAN WP(MD). No.31064 of 2023 Kavitha

... Petitioner Vs 1 State of Tamil Nadu Rep. by the Secretary to Government, Home (Prison Iv) Department, Secretariat Fort St George, Chennai - 600009. 2 The Director General of Police and Inspector General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai - 600008. 3 The Deputy Inspector General of Prisons and Correctional Services, Madurai Range, Madurai Central Prison campus, New Jail Road, Madurai - 625016. 4 The Superintendent of Prison, Central Prison, Palayamkottai. ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondents to grant 40 days ordinary leave for the petitioner's father namely Santhanapandi (LCT No. 6702) aged 50 years S/o. Krishnasamy, who confined at Palayamkottai Central Prison. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. R Venkatesan, Advocate for the Petitioner and of Mr. A.Thiruvadi Kumar, Government Advocate for the respondents, this Court made the following order: Today, the matter is listed under the caption 'for reporting compliance'.

¶2The Writ Petition was disposed of by this Court vide order dated

22.12.2023, with a direction to the third respondent to consider the petitioner's representation seeking ordinary leave for her father, on its own merits and in accordance with law.

¶3The learned Additional Public Prosecutor appearing for the respondents submits that since the period of one year prescribed under the Rule to consider ordinary leave had not been completed, the request for ordinary leave was rejected.

¶4The prison records indicate that the convict was earlier granted ordinary leave for 40 days and he availed it and returned to the prison on 14.05.2023. Therefore, he will be entitled for ordinary leave only after completion of one year, i.e., after 14.05.2024. Since the instant request for ordinary leave is made prematurely, the same has been rightly rejected. Hence, this Court finds no reason to interfere with the same. It is open to the petitioner to make fresh request for ordinary leave for her father after completion of one year qua after 14.05.2024.

¶5In view of the above, no further orders are required in the present Writ Petition. Sd/- Assistant Registrar(CS II) // True Copy // /03/2024 Sub Assistant Registrar (CS-I/ II / III / IV) TO

¶1The Secretary to Government, Home (Prison Iv) Department, Secretariat Fort St George, Chennai - 600009. 2 The Director General of Police and Inspector General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai - 600008. 3 The Deputy Inspector General of Prisons and Correctional Services, Madurai Range, Madurai Central Prison campus, New Jail Road, Madurai - 625016. 4 The Superintendent of Prison, Central Prison, Palayamkottai.

ORDER DATED : 04/03/2024

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ORDER

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WP(MD). No.31064 of 2023

Giving direction and etc.

as stated within.

MGJ(14.03.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from

17.07.2023