Allowed

Amaravati v. Superintendent

Madras HC1 Feb 2024WP/35906/2023

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the High Court directed the respondents to temporarily transfer a life convict from Central Prison-I, Puzhal to Palayankottai and grant him ordinary leave to attend to his seriously ill mother. The convicts surrender date was fixed.

What did the court decide?

Direction to transfer convict Yesurajan to Palayankottai Prison and grant ordinary leave from 03.02.2024 to 08.02.2024.

Amaravati Vs Superintendent — Service and Employment | Madras HC (2024)

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W.P.No.35906 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01.02.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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AND

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THE HONOURABLE MR. JUSTICE SUNDER MOHAN

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W.P.No.35906 of 2023

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Amaravati ...Petitioner

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vs.

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1.The Superintendent, Central Prison – I, Puzhal, Chennai.

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State rep by Inspector of Police, E4, Abiramapuram Police Station, Chennai. Cr.No.1352 of 2013 ...Respondents

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Writ Petition filed under Article 226 of the Constitution of India, for

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issuance of a Writ of Mandamus directing 1^st respondent to grant ordinary leave for

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one month to Yesurajan, S/o Ariraman, Convict Prisoner No.8472.

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https://www.mhc.tn.gov.in/judis

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_____________ Page 1 of 6_

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W.P.No.35906 of 2023

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For Petitioner : Mr.G.Sriram For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor Assisted by C.Aravind

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ORDER

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(Order of the Court was made by M.S.RAMESH, J. )

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On the ground that the life convict's mother is seriously ill, the present writ petition has been filed.

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The Probation Officer's Report also ratifies the reason assigned by the petitioner with regard to the life convict's mother's illness. Further more, in the Status Report given by the Probation Officer dated 05.01.2024, it is stated that the life convict is below the poverty line.

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The learned Additional Prosecutor submits that there may be threat to the

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life convict. The Superintendent of Prisons, Palayankottai, has also circulated a letter dated 31.01.2024 stating that they are willing to provide necessary escort

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.35906 of 2023

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from their prison for the leave period of life convict. He further submits that the

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escort charges will be borne by the Government. The said submission is recorded.

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We are of the view that if the life convict is temporarily transferred to

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Palayankottai Prison, which is closer to the life convict's mother's house at Kanyakumari and grant five days (5) days Ordinary Leave, the grievance of the petitioner may be redressed.

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Accordingly, the following order is passed:-

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(i) There shall be a direction to the respondents herein to forthwith temporarily transfer the life convict Yesurajan, S/o Ariraman, convict Prisoner No.8472 from the Central Prison-I, Puzhal to Central Prison, Palayankottai from 02.02.2024 till 09.02.2024.

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(ii) The lift convict Yesurajan is also granted Ordinary Leave from 03.02.2024 to 08.02.2024.

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(iii) The life convict Yesurajan shall surrender before the Superintendent of Prisons, Palayankottai at 5.00 p.m on 08.02.2024.

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https://www.mhc.tn.gov.in/judis

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Page 3 of 6

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W.P.No.35906 of 2023

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(iv) The Superintendent of Prisons, Payalankottai shall ensure that the life convict Yesurajan is re-transferred to Central Prison,-I, Puzhal on expiry of transfer period.

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(v) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.

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The transfer order is being made only to facilitate the prison officials to

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provide escort to the prisoner from Palayankottai Prison, during the period of his leave.

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The writ petition is ordered accordingly. No costs.

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(M.S.R.,J.) (S.M.,J.) 01.02.2024

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sr Index:yes/no Internet:yes/no Note: Issue Order copy today

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https://www.mhc.tn.gov.in/judis

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_____________ Page 4 of 6_

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W.P.No.35906 of 2023

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1.The Superintendent, Central Prison – I, Puzhal, Chennai.

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State rep by Inspector of Police,

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E4, Abiramapuram Police Station, Chennai.

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Cr.No.1352 of 2013

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The Superintendent of Prisons, Palayankottai.

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The Public Prosecutor, High Court, Madras

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https://www.mhc.tn.gov.in/judis

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_____________ Page 5 of 6_

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W.P.No.35906 of 2023

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M.S.RAMESH, J and SUNDER MOHAN, J

W.P.No.35906 of 2023

01.02.2024

_____________ Page 6 of 6_

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https://www.mhc.tn.gov.in/judis

Amaravati v. Superintendent

Case brief

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What did the court decide?

Amaravati v. Superintendent

Case brief

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