Writ petition filed under Article 226 seeking direction to grant one month emergency leave to life convict husband for attending to his ailing father was dismissed by a single page order on the ground that no writ would lie in the circumstances.
Writ petition dismissed. Liberty to challenge the order of rejection in the manner known to law granted.
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.23680 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.23680 of 2024
Selvi
... Petitioner
Vs
... Respondents
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the respondents to grant one month emergency leave without escort to the petitioners husband namely Nagarajan, S/o.Karuppiah a life convict prisoner (CP No. 5864) now confined at Central Prison, Madurai to
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W.P(MD) No.23680 of 2024
attend to his ailing father for a period of one month by considering the petitioner's representation, dated 20.09.2024.
For Petitioner : Mr. S.Sukanth
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor.
O R D E R
The Writ Petition had been filed in the nature of mandamus
seeking a direction to the respondents to grant one month emergency
leave without escort to the husband of the petitioner Nagarajan, S/o.Karuppiah, Convict Prisoner (CP No. 5864) now confined at Central Prison, Madurai. The petitioner had given a representation on 20.09.2024.
2.In the affidavit filed in support of the writ petition, it had been stated that the father-in-law of the petitioner, who is over 80 years suffers from Pneumonia and Diabetes. He had also developed a wound on his right leg. The presence of the husband of the petitioner is required at this time.
copy of order, dated 26.09.2024 in No.E376527/Tha.Ku.2/2024, passed
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W.P(MD) No.23680 of 2024
by the 3
by the 3rd respondent, Superintendent of Prison, Central Prison, Madurai
by which, the representation of the petitioner had been rejected.
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
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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W.P(MD) No.23680 of 2024
C.V.KARTHIKEYAN, J. and R.POORNIMA, J.
PNM
ORDER MADE IN W.P(MD) No.23680 of 2024
23.10.2024
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2 issues framed by the court
Whether the writ petition filed under Article 226 seeking direction to grant one month emergency leave to a convict prisoner lies in the factual matrix.
Whether a mandamus would lie directing the prison authorities to grant leave considering the ailing condition of the petitioner's father-in-law.
1 provisions across 1 enactments
Selvi
The Secretary to Government, Home Department (Prison), Government of Tamil Nadu
The Additional Director General of Police (Prisons) / The Inspector General of Police
The Superintendent of Prison, Central Prison, Madurai
C.V.KARTHIKEYAN
R.POORNIMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
