Kirija Tamilarasan v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.No.6627 of 2025 Kirija Tamilarasan ... Petitioner Vs.

1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai-600009.

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

3.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 Certiorarified Mandamus, calling for the records relating to the proceedings in No.181/Thaku-3/2025 by the 3rd

respondent dated 20.01.2025 and quash the same and direct the 3rd respondent to grant 15 days emergency leave without escort to the petitioner's husband Tamilarasan. S/o.Murugan, PID No.149387, who is presently lodged in Central Prison, Salem.

For Petitioner : Mr.P.M.Basil For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John

ORDER

(Order of the Court was made by M.S.RAMESH, J.) This Writ Petition has been filed challenging the impugned order dated 20.01.2025, rejecting the representation of the convict prisoner dated 02.01.2025.

2. Under the Tamil Nadu Suspension of Sentence Rules, 1982, the convict prisoner, who has not completed 3 years of imprisonment, will not be entitled to seek for ordinary leave. Accordingly, the claim of the petitioner does not deserves consideration.

3. In view of the above, this Writ Petition stands dismissed. No costs. Connected miscellaneous petition is closed. [M.S.R, J.] [N.S, J.] 17.03.2025 Index: Yes/No Speaking order/Non-speaking order Sni To 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai-600009.

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

3.The Superintendent of Prison, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and N. SENTHILKUMAR, J.

Sni 17.03.2025