M.Naveenkumar v. The Home Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.14412 of 2025 M.Naveenkumar ... Petitioner Vs.
1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prison Vellore Vellore District 3.The Superintendent of Prison Vellore Central Prison Vellore District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for records relating to the proceedings in No.E.273382/Thaku.3/2024 dated
02.09.2024 by the 3rd respondent and quash the same and direct the 3rd respondent to grant 28 days ordinary leave without escort to the petitioner's father viz. Ramesh @ Munusamy, son of Samikannu, who is presently lodged at the Central Prison, Vellore, bearing Convict No.3237. For Petitioner : Mr.P.M.Basil For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
AND V.LAKSHMINARAYANAN, J.
This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, to call for records relating to the proceedings in No.E.273382/Thaku.3/2024 dated 02.09.2024 by the 3rd respondent and quash the same and direct the 3rd respondent to grant 28 days ordinary leave without escort to the petitioner's father viz. Ramesh @ Munusamy, son of Samikannu, who is presently lodged at the Central Prison, Vellore, bearing Convict No.3237.
2. The learned counsel for the petitioner submitted that a
representation dated 06.08.2024 was sent to the respondents seeking for grant of 60 days ordinary leave to the petitioner's father to redeem a property that was pledged before his conviction, which is essential for the well being of the family. The same was rejected by the respondents on the ground that an appeal filed before the Hon'ble Supreme Court in Diary No.12117 of 2024 dated 14.03.2024 is pending, and also there is no provision available for grant of 60 days ordinary leave as per the Tamil Nadu Prison Manual Volume III Rules.
3. Learned Additional Public Prosecutor has produced a report of the Probation Officer dated 15.04.2025, which is in favour of the life convict and the Probation Officer has stated that the reason for which the petitioner seeks for a grant of ordinary leave is genuine.
4. Since the probation officer has stated that the reasons are genuine and the convict prisoner is entitled for 28 days ordinary leave as per the Tamil Nadu Prison Manual Rule 22(2) (c) as per TNPS of Sentence Rule, 1982, this Court is inclined to allow this petition.
5.This Writ Petition stands allowed accordingly. The impugned proceedings of the 3rd respondent passed in No.E.273382/Thaku.3/2024 dated 02.09.2024 is hereby quashed. Consequently, there shall be a direction to the respondents herein, to grant 28 days ordinary leave "without escort" to the life convict viz. Ramesh @ Munusamy, S/o.Samikannu, Life Convict No.3237, commencing from 03.07.2025 to 30.07.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Melchengam Police Station, Tiruvannamalai, daily at 10.30 a.m. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 31.07.2025 before 10.00 a.m. The prisoner shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities. No costs. Consequently, the connected miscellaneous petition is closed. [M.S.R, J.] [V.L.N, J.] 27.06.2025 kas Index: Yes / No Speaking / Non speaking Note: Issue Order Copy on 02.07.2025
To 1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009 2.The Deputy Inspector General of Prison Vellore Vellore District 3.The Superintendent of Prison Vellore Central Prison Vellore District 4.The Public Prosecutor High Court of Madras Chennai
M.S.RAMESH, J.
and V.LAKSHMINARAYANAN, J.
kas and W.M.P.No.14412 of 2025 27.06.2025