Dismissed

Muthuraman.S v. the Additional Chief Secretary

Madras HC7 Mar 2022WP(MD)/3369/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a writ petition filed by a petitioner seeking ordinary leave for his father, a life convict suffering from HIV. The Court held that the two-year mandatory period since the last grant of leave was not expired and no reason to interfere with the impugned order was seen.

What did the court decide?

The writ petition praying for a Writ of Certiorari and Mandamus was dismissed; the impugned order granting parole was upheld.

Muthuraman.S Vs the Additional Chief Secretary — Pension and Retirement Benefits | Madras HC (2022)

¶1

W.P(MD)No.3369 of 2022

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2022

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

¶5

and

¶6

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

¶7

W.P(MD)No.3369 of 2022 and W.M.P(MD) No.2943 of 2022

¶8

S.Muthuraman ...Petitioner

¶9

Vs.

¶10

1.The Additional Chief Secretary, Home (Prison-III) Department, Secretariat, Fort St. George, Chennai.

¶11

2.The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore,

¶12

Chennai - 600 008.

¶13

3.The Superintendent of Prison, Central Prison, Trichy.

¶14

4.The Inspector of Police, Nagudi Police Station, Pudukottai District. ...Respondents

¶15

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records in G.O.(D) No.1405 dated 03.12.2021 on the file of the first respondent and to quash the same as illegal and consequently, direct the respondents to grant parole to father of the petitioner namely, Saravanan S/o.Late.Muthu, bearing CT No.23309 at Central Prison in Thiruchy for the period of two months.

¶16

For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor.

¶17

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

¶18

1/3

¶19

W.P(MD)No.3369 of 2022

¶20

O R D E R

¶21

R.SUBRAMANIAN, J. AND

¶22

N.SATHISH KUMAR, J.

¶23

The petitioner seeks ordinary leave for his father, who is a life convict serving sentence at the Central Prison, Trichy. The reason for seeking leave is that the life convict requires native treatment for HIV infection.

¶24

Mr.A.Thiruvadi Kumar, learned Addl Public Prosecutor would submit that the petitioner was granted ordinary leave for a month between 22.07.2021 and 22.08.2021.

¶25

Relying upon Rules 22(3) of the Tamil Nadu Suspension of Sentence Rules, 1982, the learned Additional Public Prosecutor would further submit that the life convict cannot be granted ordinary leave within two years from the date of earlier grant.

¶26

Admittedly, the petitioner has availed ordinary leave between 22.07.2021 and 22.08.2021 and that the mandatory two year period has not expired. Even in the impugned order, it is stated that the life convict is being given proper treatment for the ailment suffered by him in the Central Prison itself. Hence, we do not see any reason to interfere with the order impugned in the writ petition. The writ petition fails and it is accordingly dismissed. No costs. Consequently, connected miscellaneous petition is closed.

¶27

Sd/-

¶28

Deputy Registrar (A/C's)

¶29

// True Copy //

¶30

/ /2022 Sub Assistant Registrar(CS)

¶31

¶32

Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

¶33

¶34

1.The Additional Chief Secretary, Home (Prison-III) Department, Secretariat, Fort St. George, Chennai.

¶35

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

¶36

2/3

¶37

W.P(MD)No.3369 of 2022

¶38

2.The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai - 600 008. 3.The Superintendent of Prison, Central Prison, Trichy.

¶39

4.The Inspector of Police, Nagudi Police Station, Pudukottai District.

¶40

W.P(MD)No.3369 of 2022 07.03.2022

¶41

AM(CO) KB(17.03.2022) 3P 5C

¶42

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

¶43

3/3

Muthuraman.S v. the Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

Muthuraman.S v. the Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nageswari Vs The Inspector of Police

V.Deepa Vs The Superintendent of Police

S. Karthikeyan Vs The Superintendent of Police

Kumaran Vs The Superintendent of Police

Meharaj Vs the State Represented by Its

Mani @ Manikandan Vs The Inspector of Police