← Library
Madras High CourtWP/9252/2024dismissed

Mrs. Deebika, v. The Government Of Tamil Nadu,

2024-04-25Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Mrs.Deebika ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by its Secretary, Additional Chief Secretary cum Home Secretary, Home Department, St.George Fort, Secretariat, Chennai - 600 009.

2.The Superintendent of Prison, Special Prison, Poonnamalle, Thiruvallur District.

3.The Inspector of Police, K-8, Arumbakkam Police Station, Chennai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 1st and 2nd

respondents to grant 7 days ordinary leave to the detenu/husband by name Radha @ Radhakrishnan, convict prisoner to the 2nd respondent, for his child Rashmika Sree's Ear boring & Tonsure function scheduled on 3rd April 2024 and consider her representation dated 21.03.2024. For Petitioner : Mr.M.Jothikumar For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C.Aravind

ORDER

M.S.RAMESH, J.

AND SUNDER MOHAN , J.

There is no provision under the Tamil Nadu Suspension of Sentence Rules, 1982, for grant of any kind of leave to a remand prisoner. Admittedly, the petitioner's husband is a remand prisoner who seeks for leave.

2. In view of the above, the prayer sought for in the present Writ

Petition cannot be sustained and accordingly, the Writ Petition stands dismissed. No costs.

[M.S.R., J] [S.M., J] 25.04.2024 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Sni To 1.The Secretary, Additional Chief Secretary cum Home Secretary, Government of Tamil Nadu, Home Department, St.George Fort, Secretariat, Chennai - 600 009.

2.The Superintendent of Prison, Special Prison, Poonnamalle, Thiruvallur District.

3.The Inspector of Police, K-8, Arumbakkam Police Station, Chennai District.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and SUNDER MOHAN, J.

Sni 25.04.2024