S.Logeshwari v. The Home Secretary

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 S.Logeshwari ... Petitioner Vs.

1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai-600 009.

2.The Director General of Police, Prison and Correctional Services, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prison, Coimbatore Zone, Coimbatore.

4.The Superintendent of Prison, Central Prison, Salem ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to extend the leave beyond 01.03.2025 to the petitioner's father Sivaraman, S/o. Pandurangan, Convict No.9001, PID No.40547, who is currently on 40 days leave, until the Government takes a final decision on his premature release.

For Petitioner : Mr.P.M.Basil 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 to direct the respondents to extend the leave beyond 01.03.2025 to the petitioner's father, Sivaraman, S/o. Pandurangan, Convict No.9001, PID No.40547, who is currently on 40 days leave, until the Government takes a final decision on his premature release.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. There is no provision under the Tamil Nadu Suspension of Sentence Rules, 1982 to grant ordinary leave over a period of 40 days. Since the Jail Authorities have already granted 40 days leave vide order dated 20.01.2025, seeking for extension of leave is impermissible in the absence of any provision of the Rules.

4. Accordingly, this Writ Petition stands dismissed. No Costs. [M.S.R., J] [N.S., J] 18.02.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

Anu To 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai-600 009.

2.The Director General of Police, Prison and Correctional Services, Egmore, Chennai-600 008.

3.The Deputy Inspector General of Prison, Coimbatore Zone, Coimbatore.

4.The Superintendent of Prison, Central Prison, Salem 5.The Public Prosecutor, High Court, Madras.

18.02.2025