Valliammal v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.No.8252 of 2025 VALLIAMMAL ... Petitioner Vs.

1. The Home Secretary Home Secretary,(prison), Secretary, Fort St.George, Chennai-600 009 2.The Inspector General Of Prisons, Prison Head Quarters, Egmore, Chennai-600 008 3.The Superintendent Of Prison Central Prison-I, Puzhal, 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, calling for the

records relating to the proceedings of the 3rd respondent in No.617368/Thaku.2/2024 dated 23.01.2025 and quash the same and direct the 3rd respondent to grant 21 days ordinary leave without escort to the petitioner's son Suresh S/o.Ragavan, Ct.No.10080 and PID No.399292 is confined at Central prison I, Puzhal, Chennai. For Petitioner : Mr.P.M.Basil For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

ORDER

(Order of this Court was made by M.S.RAMESH.J,) This Writ Petition has been filed to call for the records relating to the proceedings of the 3rd respondent in No.617368/Thaku.2/2024 dated 23.01.2025 and quash the same and direct the 3rd respondent to grant 21 days ordinary leave without escort to the petitioner's son Suresh S/o.Ragavan, Ct.No.10080 and PID No.399292 is confined at Central prison I, Puzhal, Chennai.

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

3. We find from the records that the prisoner was recently granted leave from 21.08.2024 to 26.08.2024 and 21 days from 28.11.2024 to 18.12.2024 by this Court. Since he has not completed one year from the last leave granted, he would not be entitled for ordinary leave under the Tamil Nadu Suspension of Sentence Rules, 1982. In this background, we are not inclined to entertain the prayer sought for in this Writ Petition.

4. Accordingly, this Writ Petition stands dismissed. No Costs. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [N.S., J] 24.03.2025 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 Secretary,(prison), Secretary, Fort St.George, Chennai-600 009 2.The Inspector General Of Prisons Prison Head Quarters, Egmore, Chennai-600 008 3.The Superintendent Of Prison Central Prison-I, Puzhal, Chennai-600 066 4.The Public Prosecutor, High Court, Madras.

and W.M.P.No.8252 of 2025 24.03.2025