Allowed

Vasanthi v. The Secretary to Government of Tamil Nadu

Madras HC31 Jan 2025WP(MD)/3085/2025

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court allowed a writ petition filed by the wife of a life convict challenging the rejection of his ordinary leave application. The court directed the prison authorities to grant 28 days of ordinary leave without escort subject to specific conditions and interested police reporting.

What did the court decide?

Ordinary leave without escort for 28 days granted to convict Subbaiah from 06.02.2025 to 05.03.2025 with specific conditions.

Vasanthi Vs The Secretary to Government of… — Public Procurement and Tenders | Madras HC (2025)

¶1

1 W.P.(MD)NO.3085 OF 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 31.01.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

¶6

AND

¶7

THE HON'BLE MS.JUSTICE R. POORNIMA

¶8

W.P.(MD)No.3085 of 2025

¶9

Vasanthi ... Petitioner /

¶10

Wife of the prisoner

¶11

Vs.

¶12

The Secretary to Government of Tamil Nadu, Department of Prison,

¶13

Fort St. George, Chennai – 600 009.

¶14

The Deputy Inspector General of Prison, Madurai Zone,

¶15

Madurai – 625 016.

¶16

The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli – 627 002.

¶17

The Superintendent of Police, Tirunelveli District, District Police Headquarters, Tirunelveli. ... Respondents

¶18

Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records pertaining to the impugned order of the second respondent in No.935/UTHA.2/2024 dated 15.12.2024 and quash

¶19

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

¶20

1/6

¶21

2 W.P.(MD)NO.3085 OF 2025

¶22

the same and consequently directing the respondents to grant ordinary leave for 40 days without escort to the petitioner's husband, the prisoner, Subbaiah, S/o.Chinnathambi LCT No.3259 serving life sentence at Palayamkottai Central Prison.

¶23

For Petitioner : Mr.R.Narayanan

¶24

For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

¶25

¶26

O R D E R

¶27

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

¶28

Heard both sides.

¶29

The petitioner's husband (Subbaiah) is undergoing life

¶30

sentence at Central Prison, Palayamkottai (Convict Prisoner No.3259). He has already undergone ten years and one month imprisonment. The petitioner applied for grant of ordinary leave. It was rejected by the second respondent vide order dated 15.12.2024.

¶31

Challenging the same, this writ petition has been filed.

¶32

It is stated that the victim had died during the occurrence. It

¶33

is undertaken by the petitioner that her husband will not enter into

¶34

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

¶35

2/6

¶36

3 W.P.(MD)NO.3085 OF 2025

¶37

the limits of the victim's relative village during the leave period. She

¶38

has also filed an undertaking affidavit to that effect.

¶39

In these circumstances, the convict prisoner is entitled to 28

¶40

days ordinary leave without escort. We direct the third respondent to grant 28 days ordinary leave without escort to the convict prisoner.

¶41

The impugned order is accordingly set aside and this writ petition stands allowed in the following terms:-

¶42

(a)The convict prisoner, Subbaiah [Convict

¶43

Prisoner No.3259, now detained in the Central

¶44

Prison, Palayamkottai, is granted ordinary leave without escort for twenty eight (28) days from 06.02.2025 to 05.03.2025.

¶45

(b) The convict prisoner shall be released from the prison at 5.00 pm., on 05.02.2025 and he shall return to the prison at 10.00 am., on 06.03.2025.

¶46

(c) During the said leave period, he shall report before the Inspector of Police, Maniyatchi police station, Thoothukudi District daily at 7.00 p.m., from 06.02.2025 onwards, without fail.

¶47

(d) During the leave period, the convict

¶48

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

¶49

3/6

¶50

4 W.P.(MD)NO.3085 OF 2025

¶51

prisoner shall not enter the limits of the victim's relative village.

¶52

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

¶53

7.With the above direction, the Writ Petition stands allowed.

¶54

No costs.

¶55

(G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.) 31^st January 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU Note : Issue order copy on 04.02.2025.

¶56

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

¶57

4/6

¶58

5 W.P.(MD)NO.3085 OF 2025

¶59

To:

¶60

The Secretary to Government of Tamil Nadu, Department of Prison, Fort St. George, Chennai – 600 009.

¶61

The Deputy Inspector General of Prison, Madurai Zone, Madurai – 625 016.

¶62

The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli – 627 002.

¶63

The Superintendent of Police, Tirunelveli District, District Police Headquarters, Tirunelveli.

¶64

The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

¶65

Copy to :

¶66

The Inspector of Police, Maniyatchi police station, Thoothukudi District.

¶67

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

¶68

5/6

¶69

6 W.P.(MD)NO.3085 OF 2025

¶70

G.R.SWAMINATHAN,J.

¶71

AND R.POORNIMA, J.

¶72

PMU

¶73

W.P.(MD)No.3085 of 2025

¶74

31.01.2025

¶75

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

¶76

6/6

Vasanthi v. The Secretary to Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Vasanthi v. The Secretary to Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P.Siavaneshwari Vs Manager

Meenakshi Vs The Director General of Prison

Sekar Vs The Inspector of Police

Guruvaiah Vs The Inspector of Police

S.Nithya Vs State of Tamil Nadu

Selvi Vs The Deputy Inspector General of Prison