Petitioner sought grant of 30 days leave for her husband, a life convict, citing mother's illness. Discussing the Tamil Nadu Suspension of Sentence Rules, 1982, the Court closed the writ petition with liberty to work out remedies elsewhere.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 14.06.2021
CORAM
THE HONOURABLE Mr. JUSTICE P.N.PRAKASH
AND
THE HONOURABLE Mr. JUSTICE R.PONGIAPPAN
W.P.No.7407 of 2021
Periyanayaki ... Petitioner
Vs.
State represented by
1.The Secretary to Government of Tamil Nadu,
Department of Home,
Fort St.George,
Chennai – 600 009.
2.The Additional Director General of Prison,
C.M.D.A. Towers,
Egmore, Chennai – 600 008.
3.The Superintendent,
Central Prison,
Coimbatore. ... Respondents
Petition filed under Article 226 of the Constitution of
India praying to issue a writ of mandamus, directing the
respondents to grant ordinary leave for 30 days to the detenu
Amirthalingam, son of Kasinathan, aged about 36 years, convict
prisoner, Convict No.14250, confined at Central Prison,
Coimbatore.
For Petitioner : Ms.S.G.Vedha For Respondents: Mr.R.Muniyapparaj Govt. Advocate (Crl.Side) O R D E R
[Order of the Court was made by P.N.PRAKASH, J.]
It is the case of the petitioner that her husband viz. Amirthalingam (life convict No.14250), is confined in the Central Prison, Coimbatore and that an application dated 09.01.2021, seeking leave was submitted to the authorities on
the ground that Amirthalingam's mother is sick and thereafter, this petition has been filed seeking 30 days leave for Amirthalingam under the Tamil Nadu Suspension of Sentence Rules, 1982.
Recording the same, this Writ Petition is closed with
liberty to the petitioner to work out her remedies in the manner
known to law. No costs.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
gya
To
1.The Secretary to the Government of Tamil Nadu,
Department of Home,
Fort St.George,
Chennai – 600 009.
2.The Additional Director General of Prison,
C.M.D.A. Towers,
Egmore, Chennai – 600 008.
3.The Superintendent,
Central Prison, Coimbatore.
4.The Public Prosecutor,
Madras High Court,
Chennai – 600 104.
W.P.No.7407 of 2021
ppa[co]
srg 14/07/2021
1 issue framed by the court
Whether the Court should grant ordinary leave to a life convict for medical emergency of family.
2 provisions across 2 enactments
Periyanayaki
State represented by The Secretary to Government of Tamil Nadu
The Additional Director General of Prison
The Superintendent, Central Prison, Coimbatore
P.N.PRAKASH
R.PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
