Allowed¶35

Meenakshi v. The Director General of Prison

Madras HC30 Jan 2025WP(MD)/1705/2025

Case brief

AI extract

What is this about?

Emergency leave for convict prisoner to attend sister's marriage; Article 226 writ of mandamus against prison authorities; Madurai Central Prison life convict CP No. 6924; escort provided at convict's cost deducted from prison earnings; police escort in civil dress; Jail Manual conditions applicable during leave; W.P(MD) No.1705 of 2025, decided 30.01.2025; G.R. Swaminathan and R. Poornima, JJ.

What did the court decide?

Emergency leave with escort granted to the convict prisoner Kalai Tamzhilvanan @ Tamzhil @ Kalai S/o.Periyasamy (Convict Prisoner No. 6924) from 07.03.2025 to 10.03.2025 to attend the marriage on 09.03.2025, on conditions: release 7.00 a.m. on 07.03.2025 and return by 05.00 p.m. on 10.03.2025; escort cost deducted from the convict's earnings; escorting police in civil dress; compliance with Jail Manual conditions; no costs.

Meenakshi Vs The Director General of Prison — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the second respondent to instruct the third respondent to consider/grant the petitioner's representation dated 04.01.2025 seeking emergency leave for her son, a convict prisoner serving life sentence in Central Prison, Madurai, to attend the petitioner's daughter's marriage on 09.03.2025.

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Court's answer

Taking into account the circumstances, the third respondent is directed to grant emergency leave for the prisoner with escort.

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Ratio / Principle

Emergency leave is granted from 07.03.2025 to 10.03.2025; the convict prisoner shall be released from prison at 7.00 a.m. on 07.03.2025 and brought back to the prison at 05.00 p.m. on 10.03.2025.

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Key takeaways

The third respondent shall provide necessary escort while the convict leaves and returns to prison; the cost of providing escort shall be deducted from the earnings of the convict, and the accompanying police personnel shall be in civil dress.ratio¶33
During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.ratio¶34
With the above directions, the Writ Petition is allowed, with no costs.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), coram G.R. Swaminathan and R. Poornima, JJ. (order by G.R. Swaminathan, J.), allowed a writ petition under Article 226 of the Constitution of India filed by Meenakshi, mother of convict Kalai Tamzhilvanan @ Tamzhil @ Kalai (Convict Prisoner No. 6924), who is undergoing life sentence in Central Prison, Madurai. On her representation dated 04.01.2025 seeking emergency leave to enable her son to attend her daughter's marriage on 09.03.2025, the Court directed the Superintendent of Prison, Madurai Central Prison to grant emergency leave with escort from 07.03.2025 to 10.03.2025, the prisoner to be released at 7.00 a.m. on 07.03.2025 and returned by 5.00 p.m. on 10.03.2025. Escort cost is deductible from the convict's earnings, the escorting police are to be in civil dress, and the prisoner must abide by Jail Manual conditions. No costs.

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W.P(MD) No.1705 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 30.01.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA

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W.P(MD) No.1705 of 2025

Meenakshi

... Petitioner

1.The Director General of Prison, Directorate of the Central Prison, Tamil Nadu Prison, Veanals Road, Egmore, Chennai-600008.

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2.The Deputy Inspector General of Prison, Madurai Range, Madurai Central Prison, Madurai City.

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3.The Superintendent of Prison, Madurai Central Prison, Madurai City. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent to instruct the third respondent to consider the representation sent by the petitioner dated 04.01.2025 seeking emergency

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1/5

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

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W.P(MD) No.1705 of 2025

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leave of 6 days to the petitioner's son Kalai Tamzhilvanan @ Tamzhil @ Kalai son of Periyasamy who is a convict prisoner confined at third respondent prison to attend the marriage.

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For Petitioner : Mr.J.Vijayaraja

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For Respondents : Mr.T.Senthil Kumar,

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Additional Public Prosecutor.

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ORDER

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(Order of the Court was made by G.R.SWAMINATHAN, J.)

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Heard both sides.

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2. The petitioner's son is undergoing life sentence in Central Prison, Madurai. The petitioner's daughter is to get married on 09.03.2025. The petitioner seeks emergency leave for her son.

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3. Taking into account the said aspect, we direct the third

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respondent to grant emergency leave for the prisoner with escort. Accordingly, the convict-prisoner is granted emergency leave with escort on the following conditions :-

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(a)The convict prisoner, Kalai Tamzhilvanan @ Tamzhil @ Kalai S/o.Periyasamy (Convict Prisoner No. 6924) now detained in the Central Prison, Madurai, is

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2/5

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

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W.P(MD) No.1705 of 2025

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granted emergency leave from 07.03.2025 to 10.03.2025.

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(b) The convict prisoner shall be released from the prison at 7.00 a.m., on 07.03.2025 and he shall be brought back to the prison at 05.00 p.m., on 10.03.2025.

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(c)The third respondent is directed to provide necessary escort to the convict from the Central Prison at the time when he leaves the prison and till such time, he returns to the prison. It is clarified that the cost involved in providing escort shall be deducted from out of the earnings of the convict. The accompanying police personnel shall be in civil dress.

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(d) During the leave period, the convict prisoner shall abide by all the conditions prescribed in the Jail Manual.

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4.With the above direction, the Writ Petition stands allowed. No

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costs.

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(G.R.S., J.) (R.P., J.) 30.01.2025

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Index : Yes / No Internet : Yes / No NCC : Yes / No rmi

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NOTE:Issue Order Copy on 30.01.2025