Madras High CourtCRL MP/10126/2025dismissed

Petchiammal v. The Secretary To Government,

2025-05-22Honourable Mr Justice G. R. Swaminathan,Honourable Mr Justice V. Lakshminarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.05.2025 C O R A M THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN CRL.M.P.No.10126 of 2025 in H.C.P.No.3155 of 2024 Petchiammal ... Petitioner/Petitioner/Wife of the Detenu -vs1. The Secretary to Government, Public (Law and Order-F) Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2. The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Tirunelveli District, Tirunelveli.

3. The Secretary to the Government, Government of India, Ministry of Home Affairs, (Department of Internal Security), Hal No.10, 2nd Floor, Major Dyanchand National Stadium, New Delhi-110 001.

4. The Superintendent of Prison, Cuddalore Central Prison, Cuddalore.

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5. The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.

6. The Inspector of Police, Taluk Police Station, Tirunelveli District.

... Respondents/Respondents Prayer: Criminal Miscellaneous Petition is filed under Article 226 of the Constitution of India to direct the respondents no.1 to 3 to consider the petitioner's representation dated 17.05.2025 preferred to the respondents to grant 3 days leave to the petitioner's husband by name Kannapiran alias Kanthasamy, son of Murugandi to attend the 16th Day funeral rites of mother of the petitioner's husband by name Theivanai, wife of Murugandi to be scheduled on 24.05.2025 to 26.05.2025 at Chathiramputhukulam, South Street, Thatchanallur, Tirunelveli District.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.E.Raj Thilak Addl. Public Prosecutor *****

O R D E R

(By G.R.SWAMINATHAN,J.) This Criminal Miscellaneous Petition has been filed for a direction to the Respondent Nos.1 to 3 to consider the petitioner's representation dated 17.05.2025 for granting 3 days leave to her husband by 2/6

name Kannapiran alias Kanthasamy, S/o. Murugandi to attend the 16th Day funeral rites of her husband's mother by name Theivanai, W/o.Murugandi scheduled on 24.05.2025 to 26.05.2025 at Chathiramputhukulam, South Street, Thatchanallur, Tirunelveli District.

2. Heard the learned counsel on either side.

3. The detenu's mother had passed away on 04.05.2025 and the detenu was earlier permitted to attend his mother's funeral ceremony. Now, the petitioner, who is the wife of detenu, has filed this petition, seeking to grant 3 days' leave for her husband to attend the 16th Day funeral rites of his mother.

4. The detenu was earlier granted leave to attend the funeral rites of his mother. Therefore, the question of granting further permission to the detenu to participate in the 16th Day funeral rites of his mother does not arise and the relief sought for in this petition cannot be granted. 3/6

5. Accordingly, this Criminal Miscellaneous Petition is dismissed. No costs.

(G.R.S.J.,) (V.L.N,J.,) 22.05.2025 Index: Yes / No Internet: Yes / No Speaking Order/ Non Speaking Order ar/asi Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To:

1. The Secretary to Government, Public (Law and Order-F) Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.