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R.Prema W/O. Kalaimohan v. the State of Tamil Nadu Rep by its

Madras HC7 Nov 2019WP/30946/2019

Case brief

AI extract

What is this about?

Writ petition filed to grant leave for a life convict suffering from a spinal cord ailment. Court rejected emergency leave plea and directed the Superintendent of Prison to grant ordinary leave for three weeks under Rule 22 of Tamil Nadu Suspension and Sentence Rules, 1982.

What did the court decide?

Directed the Superintendent of Prison to grant ordinary leave to the convict for a period of three weeks from the date of receipt of the order.

R.Prema W/O. Kalaimohan Vs the State of Tamil… — Pension and Retirement Benefits | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.11.2019

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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W.P.No.30946 of 2019

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and
W.M.P.No.31036 of 2019

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R.Prema ...Petitioner

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Vs.
1.The State of Tamilnadu,
Represented by its Secretary,
Home Department,
Secretariat,
Chennai – 600 009.
2.The Director General of Prisons,
Thalamuthu Natarasan Maaligai,
Egmore, Chennai.

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3.The Superintendent of Prison, Central Prison, Cuddalore. ...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1^st respondent to grant leave to the convict namely Kalaimohan (life Convict No: 13391) lodged in Central Prison, Cuddalore against the sentence for getting appropriate treatment for his disease.

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For Petitioner : Mr.M.Malaviya

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For Respondents: Mr.C.Iyyapparaj Additional Public Prosecutor

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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The petitioner seeks for grant of leave for her husband/Convict No.13391, who has been lodged in Central Prison, Cuddalore, on the ground that he is undergoing Spinal Cord ailment.

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2.Today, when the matter was called, the learned Additional Public Prosecutor, on instructions, submitted that the petitioner's husband is indeed undergoing certain medical ailments, for which he has availed leave on many occasions. He would further submit that since the present request is made on the ground of illness, his request can be considered under emergency leave, which can be only for a period of 15 days as per Rule 13 of the Tamil Nadu Suspension and Sentence Rules, 1982.

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3.In view of the fact that the medical illness of the petitioner's husband is not disputed and also taking note of the provisions of the Tamil Nadu Suspension and Sentence Rules, 1982, wherein Rule 22 provides for ordinary leave for a period not exceeding one month, this Court is of the view that the petitioner can be granted ordinary leave for a period of atleast three weeks.

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4.In the light of the above observations, there shall be a direction to the 3^rd respondent herein to grant ordinary leave to the petitioner's husband/Convict No.13391, namely Kalaimohan, who is presently lodged in Central Prison, Cuddalore, for a period of three weeks from the date of receipt of a copy of this order.

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5.Accordingly, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

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jas/hvk

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https://hcservices.ecourts.gov.in/hcservices/

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1.The Secretary,
Home Department,
Secretariat,
Chennai – 600 009.
2.The Director General of Prisons,
Thalamuthu Natarasan Maaligai,
Egmore, Chennai.
3.The Superintendent of Prison,
Central Prison,
Cuddalore.
4.The Public Prosecutor,
High Court of Madras.
+2ccs to Mr.M.Malaviya , Advocate SR.No. 92388
W.P.No.30946 of 2019
and
W.M.P.No.31036 of 2019
A.SK(08/11/2019)

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https://hcservices.ecourts.gov.in/hcservices/

R.Prema W/O. Kalaimohan v. the State of Tamil Nadu Rep by its

Case brief

What is this about?

What did the court decide?

R.Prema W/O. Kalaimohan v. the State of Tamil Nadu Rep by its

Case brief

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