A writ petition filed under Article 226 seeking a direction to grant ordinary leave to the petitioner's son, a convict prisoner, was dismissed by the Madurai bench of the Madras High Court, holding that such a writ would not lie in the facts of the case.
The writ petition was dismissed; liberty granted to challenge the order of rejection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD) No.23677 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE Ms.JUSTICE R.POORNIMA
W.P(MD) No.23677 of 2024
Vijayan
... Petitioner
Vs
and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.
... Respondents
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondent No.1 and 2 to grant ordinary leave for the period of 30 days to petitioner son namely Kaleeswaran S/o. Vijayan CP No. 1415 who is languishing in jail for past 4 years.
For Petitioner : Mr. SMA.Jinnah
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor.
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W.P(MD) No.23677 of 2024
O R D E R
The Writ Petition had been filed in the nature of mandamus
seeking a direction to the respondents to grant ordinary leave for the period of 30 days to the petitioner's son namely Kaleeswaran, S/o. Vijayan, who is a convict prisoner No.1415, confined at Central Prison, Madurai.
2.In the affidavit filed in support of the writ petition, it had been stated that the wife of the petitioner has abdominal pain and found that there is a tumour in the uterus, which had been operated and cyst removed. However, the presence of the son of the petitioner is required. In this regard, the petitioner had given a representation on 20.09.2024
copy of order, dated 20.10.2024 in No.695/Vu.Tha.2/2024, passed by the 1st respondent, Deputy Inspector General of Prison, Madurai Range, by which, the representation of the petitioner had been rejected.
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W.P(MD) No.23677 of 2024
4.In view of the above, the writ petition seeking mandamus
would not lie and hence, the Writ petition stands dismissed, granting liberty to the petitioner to challenge the order of rejection, in the manner
known to law.
(C.V.K., J.) (R.P., J.) 23.10.2024
Index : Yes / No Internet : Yes / No NCC : Yes / No PNM
To 1. The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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W.P(MD) No.23677 of 2024
C.V.KARTHIKEYAN, J. and R.POORNIMA, J.
PNM
ORDER MADE IN W.P(MD) No.23677 of 2024
23.10.2024
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1 issue framed by the court
Whether a writ of mandamus lies for the issuance of ordinary leave to a convict prisoner given the specific circumstances alleged by the petitioner.
1 provisions across 1 enactments
Vijayan
Deputy Inspector General of Prison
Superintendent of Prison
C.V. Karthikeyan
R. Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
