Writ petition filed for leave to Mahendran, a life convict, without police escort. Court noted prisoner's illness, pending appeal, and house construction status. Petitioner granted ordinary leave to Pudukottai for 21 days.
Ordinary leave granted to Mahendran without police escort for 21 days from 29.10.2024 to 18.11.2024.
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.24615 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 24.10.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE MS.JUSTICE R. POORNIMA
W.P(MD) No.24615 of 2024
M.Saranya ... Petitioner
Vs
Egmore, Chennai- 600 008.
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6.. The Superintendent of Police O/o. The Superintendent of Police Pudukottai District ... Respondents
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 relating to the impugned order passed by the fourth respondent vide proceedings in No.15554/jF4/2024 dated 10.10.2024 and quash the same as illegal and consequently direct the respondents to grant 30 days ordinary leave without police escort to the petitioner's husband namely Mahendran, S/o.Chidambaram, Life Convict Prisoner No.24829, PID No. 191183 confined at Central Prison, Trichy.
For Petitioner : Mr.K.A.S. Prabhu For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor.
ORDER
The Writ Petition has been filed in the nature of Certiorarified Mandamus,seeking to call for the records relating to the order passed by the fourth respondent in No.15554/jF4/2024 dated 10.10.2024 and
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quash the same and direct the respondents to grant 30 days ordinary leave without police escort to the petitioner's husband namely Mahendran, S/o.Chidambaram, Life Convict Prisoner No.24829, PID No. 191183 who is now confined at Central Prison, Trichy.
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Principal Bench. But, however, we are informed that the Hon'ble Full Bench of this Court in the case of B.Stalin.vs. The Registrar, Supreme Court of India , Tilak Marg, New Delhi and others reported in 2012(4)CTC 113 had laid down that since the petitioner is confined at Central Prison, Trichy which comes under the jurisdication of this Court, the writ petition is maintainable before this Bench.
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order of the fourth respondent dated 10.10.2024 and grant ordinary leave to the husband of the petitioner namely Mahendran, S/o.Chidambaram, Life Convict Prisoner No.24829, PID No. 191183 for a period of 21 days without escort commencing from 29.10.2024 @ 11.00 am., to 18.11.2024 @5.00 pm.,., During the interregnum period the petitioner shall report before the Inspector of Police, Keeranur Police Station, Pudukottai District everyday at 10.30 a.m., without fail.
6 . In the result, the Writ Petition stands allowed.
(C.V.K., J.) (R.P, J.) 24.10.2024
Index : Yes / No Internet : Yes / No NCC : Yes / No aav
Note: Issue order copy on 28.10.2024
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To
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Copy to The Inspector of Police Keeranur Police Station Pudukottai District
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W.P(MD) No.24615 of 2024
C.V.KARTHIKEYAN, J. and R.POORNIMA, J.
aav
W.P(MD) No.24615 of 2024
24.10.2024
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2 issues framed by the court
Whether a life convict is entitled to temporary leave to pass away at his residence or construct his house.
Whether the impugned order refusing leave without police escort should be quashed.
Colour shows how this judgement treated each authority
B.Stalin vs. The Registrar, Supreme Court of IndiaReferred¶32
B.Stalin.vs. The Registrar, Supreme Court of India 2012(4)CTC 113
Saranya (Prayer: on behalf of Mahendran, S/o. Chidambaram)
The Principal Secretary to Government Home, (Prison-IV)Department Secretariart, Fort.St.George, Chennai
The Director General of Prisons O/o. Tamil Nadu Prisons Head Quarters
The Deputy Inspector General of Prison and Correctional Services Trichy Range
The Superintendent of Prisons, Central Prison, Trichy
The Superintendent of Police O/o. The Superintendent of Police Pudukottai District
C.V. Karthikeyan
R. Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
