Ellammal v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Ellammal .. Petitioner Vs.

1.The Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Addl. Director General of Police, and Inspector of General of Prison, Whannels Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prisons, Vellore Central Prison, Vellore.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to grant parole leave for a period of for 30 days without escort to the petitioner Husband detenue, Vediappan, 1/6

S/o.Muniappan, convict prisoner, bearing PID No.38266 at Vellore Central Prison, Vellore.

For Petitioner :

Ms.S.Sujatha For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) The petitioner has sent separate representation to the respondents 2 & 3 dated 22.01.2025 seeking 30 days of leave to her husband / life convict. Since the said representation has not been considered till date, the present writ petition has been filed for a direction to the respondents to grant 30 days parole leave without escort to the petitioner's husband / life convict viz., Vediappan, S/o.Muniappan, aged about 55 years, LCT No.1500, PID No.38266, confined at Central Prison, Vellore. 2.The learned counsel for the petitioner submitted that the ancestral property of the petitioner's husband / life convict has to be released from the mortgage and partition has to be done, so that the petitioner can get money by selling the land for her daughter's education. He further submitted that the life convict has undergone more than 11 2/6

years of imprisonment and therefore sought for grant of ordinary leave to the life convict.

3.The learned Additional Public Prosecutor has produced the performa of the life convict dated 31.05.2025 and the report of the Probation Officer dated 06.02.2025, which states that the reasons stated by the petitioner in her representation was genuine. 4.Taking into consideration the report of the Probation Officer as well as the reasons assigned in the affidavit filed in support of this petition, we are inclined to grant 28 days of ordinary leave to the petitioner's husband / life convict.

5.Accordingly, there shall be a direction to the respondents herein, to grant 28 days ordinary leave "without escort" to the petitioner's husband/life convict namely Vediyappan @ Chinnaraj, S/o.Muniyappan, aged 55 years, LCT No.1500, PID No.38266, confined at Central Prison, Vellore, commencing from 17.07.2025 to 13.08.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. 3/6

Gurubarapalli Police Station, Krishnagiri, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 13.08.2025 before 05.30 P.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.

6.With the above direction, the Writ Petition stands allowed. No costs.

(M.S.R., J) (V.L.N., J) 11.07.2025 krk Index : Yes / No Internet : Yes / No : Yes / No NOTE : Issue order copy on 16.07.2025.

To 1.The Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai - 600 009.

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2.The Addl. Director General of Police, and Inspector of General of Prison, Whannels Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prisons, Vellore Central Prison, Vellore.

4.The Inspector of Police, Gurubarapalli Police Station, Krishnagiri.

5.The Public Prosecutor, High Court, Madras.

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M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

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