K.Arputhajothi v. The Deputy Inspector General Of Prisons

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.05.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.13503 of 2025 K.Arputhajothi

...Petitioner

Vs.

1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whennels Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prisons, Central Prison - 1, Puzhal, Chennai - 600 066.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records No.826964/Tha.Ku 2/2025 dated 20.03.2025 passed by respondent No.2, and quash the same and consequently direct the respondents to grant 30 days ordinary leave to the petitioner's husband Karmegam son of Muthu Subramaniyam, Ct. No.2434 (PID 183127), aged 60 years, Convict Prisoner No.2434, now confined in the Central Prison, Puzhal. 1/5

For Petitioner :

Mr.P.Pugalenthi For Respondents :

Mr.P.Muniyapparaj, Additional Public Prosecutor *****

O R D E R

(Judgment of the Court was delivered by G.R.SWAMINATHAN,J.) Heard both sides.

2. The petitioner's husband is undergoing life sentence in Central Prison-I, Puzhal. His daughter's marriage is to be held on 28.05.2025. The petitioner seeks Emergency leave for her husband. The petitioner's husband returned from his ordinary leave on 05.09.2024; since one year has not expired there from, he can be granted only Emergency leave and not Ordinary leave.

3. Taking into account the special facts and circumstances of the case, we direct the 1st respondent to grant 15 days Emergency leave for the prisoner. He shall be let out from the prison at 10.00 a.m on 18.05.2025 and he shall return to the prison at 5.00 p.m on 01.06.2025. The prisoner shall be granted Emergency leave without escort.

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4. The prisoner shall report before the Sathankulam Police Station daily at 5.00 p.m. except on the date of wedding i.e., 28.05.2025. He shall not travel outside the Thoothukudi District limits.

5. Since the petitioner had already exhausted his emergency leave for this year, he will not be entitled to seek Emergency leave for this calender year.

6. This Writ Petition is allowed accordingly. No costs. Consequently, the connected miscellaneous petition is closed. (G.R.S., J.) (V.L.N., J.) jv/dsa 14.05.2025 Index : Yes / No : Yes / No Speaking order / Non-Speaking order 3/5

To:- 1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whennels Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prisons, Central Prison - 1, Puzhal, Chennai - 600 066.

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G.R.SWAMINATHAN, J.

and V.LAKSHMINARAYANAN, J.

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