K.Sivathy v. The State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.No.3537 of 2025 K.Sivathy ... Petitioner Vs.
The State represented by its 1.The Secretary to Government of Tamilnadu Department of Home Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prison Chennai Range Egmore Chennai 600 008 3.The Superintendent Puzhal-I, Central Prison Chennai 600 066 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.616246/
Tha.Ku.2/2024, dated 02.01.2025 passed by the 3rd respondent and quash the same and consequently direct the respondents to grant ordinary leave for 2 months without escort to the detenue Kamalanandha, D/o.Rasanayagam, aged about 74 years, Convict No.4220, confined at Central Prison, Puzhal 1.
For Petitioner : Ms.K.Akshaya For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
M.S.RAMESH, J.
AND N.SENTHILKUMAR , J.
This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.616246/ Tha.Ku.2/2024, dated 02.01.2025 passed by the 3rd respondent and quash the same and consequently direct the respondents to grant ordinary leave for 2 months without escort to the detenu viz. Kamalanandha, S/o.Rasanayagam, aged about 74 years, Convict No.4220, confined at Central Prison, Puzhal 1.
2. The learned counsel for the petitioner submitted that the
petitioner's father is aged about 75 years and is in prison for more than 30 years. As he is suffering from high blood pressure, asthma, heart disease and he is also suffering from diabetes and kidney problems. Due to old age ailments his eyes are also affected. The convict prisoner is also having sores in the place of urination and he cannot walk alone and in need of someone to do his routine work. The condition of the petitioner's father is also deteriorating day by day. Hence, a representation dated 23.12.2024 was sent to the respondents seeking for a grant of two months ordinary leave to the prisoner to have proper treatment and nutritious food. The representation sent by the petitioner was rejected by the 3rd respondent vide impugned order No.616246/Tha.Ku.2/2024, dated 02.01.2025.
3. Learned Additional Public Prosecutor has produced a report of the Probation Officer dated 07.01.2025, which is in favour of the life convict and at the same time the Probation Officer has stated that as per Clause 21(1) of Tamil Nadu Suspension of Sentence Rules 1982 as amended in G.O.(MS) No.205, Home (Prison V) Department dated 25.04.2022, convicted foreigners are not eligible for ordinary leave.
Since the said prisoner is a Sri Lankan national, the said prisoner is not eligible for ordinary leave.
4. It is also seen from the report that this Court has granted 40 days leave vide W.P.No.27756 of 2023 dated 27.09.2023 from 01.10.2023 to 10.11.2023 and later the same was extended by another 15 days from 11.11.2023 to 24.11.2023, and again it was extended by another 3 days from 24.11.2023 to 27.11.2023 and thereafter the convict prisoner was granted 30 days leave by this Court vide W.P.No.14159 of 2024 dated 07.06.2024 from 13.06.2024 to 12.07.2014. Since the Probation Officer has recommended for grant of ordinary leave to the convict prisoner, we are inclined to grant 10 days leave to the convict prisoner.
5. This Writ Petition stands allowed accordingly. The impugned proceedings of the 3rd respondent dated 02.01.2025 is hereby quashed. Consequently, there shall be a direction to the respondents herein, to grant 10 days ordinary leave "without escort" to the life convict namely Kamalanandha, S/o.Rasanayagam, aged about 74 years, Life Convict No.4220, commencing from 26.02.2025 to 07.03.2025, with a condition
that the life convict shall report before the jurisdictional Police i.e. Manikandam Police Station, Tiruchirappalli daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 08.03.2025 before 10.00 a.m. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities.
6. With the above direction, the Writ Petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. [M.S.R, J.] [N.S, J.] 18.02.2025 Index : Yes / No kas Note: Issue Order Copy on 24.02.2025
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
kas To 1.The Secretary to Government of Tamilnadu Department of Home Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prison Chennai Range Egmore Chennai 600 008 3.The Superintendent Puzhal-I, Central Prison Chennai 600 066 4.The Public Prosecutor High Court of Madras Chennai and W.M.P.No.3537 of 2025 18.02.2025