Venkatajalapathy, v. The State Rep By Its, The Deputy Inspector General Of Prison,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Venkatajalapathy ... Petitioner Vs.

1.The State rep. By its, The Deputy Inspector General of Prison, Coimbatore Range, Gadhipuram, Coimbatore - 641 012.

2.The Superintendent of prison, Central Prison at Salem, Hasthampatty, Salem - 7 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant 28 days leave without escort to the petitioner/ convict, namely Mr. Venkatajalapathy, S/o. Kolandaiappa, CT No.3095, (PID No.57069).

For Petitioner : Mr.. M. Mohamed Saifulla For Respondents : Mr.E. Raj Thilak, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S. RAMESH, J.) The petitioner, viz., Venkatajalapathy, Son of Kolandaiappan, Ct. No.3095, now confined in the Central Prison, Salem, has come forward with this writ petition to direct the respondents to grant ordinary leave to him for 28 days without escort.

2.The petitioner states that he was convicted for the offences under Section 302 of IPC and sentenced to undergo life imprisonment. The petitioner further states that he has been in incarceration for the past 7 years and his wife, who is a physically handicapped women, is not in a position to do any work without his help. Hence, she is not able to maintain day to day expenses of his family as well as the education of their son. Therefore, petitioner's wife made a representation, dated 15.05.2025 to the respondents for ordinary leave to her husband for 28 days without escort. Since the same has not been considered till date, the petitioner has come forward with this writ petition.

3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 4.Having regard to the limited scope of the prayer in the writ petition, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this writ petition, directs the respondents to consider the representation of the petitioner's wife, dated 15.05.2025 for ordinary leave to the petitioner for 28 days without escort, and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner.

5.With the above direction, this writ petition is disposed of. No costs.

[M.S.R., J.] [V.L.N., J.] 30.06.2025 Index: Yes/No Speaking order/Non-speaking order mrp

M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

mrp To

1. The Deputy Inspector General of Prison, Coimbatore Range, Gadhipuram, Coimbatore - 641 012.

2.The Superintendent of prison, Central Prison at Salem, Hasthampatty, Salem - 7 3.The Public Prosecutor, High Court, Madras.

4.The Joint Secretary, Public (Law & Order), Chennai - 600 009.

30.06.2025