Dr.Esther v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Dr.Esther ... Petitioner Vs.
1.The State rep. by its The Principal Secretary to Government of Tamil Nadu, Home Department, (Prison Branch-IV), Chennai - 600 009.
2.The Deputy Inspector General of Prison, Chennai Range, Egmore, Chennai - 600 008.
3.The Superintendent, Puzhal-I, Central Prison, Chennai - 600 066.
... 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 the records pertaining to the vide Impugned order No. 71680 /Tha.Ku.2/ 2024, dated 06.07.2024, issued by the 2nd respondent and quash the same and consecutively direct the respondents to grant ordinary leave of 40 days without
escort to the detenue, John David S/o. Dr.T.Marimuthu, aged about 46 years, Life Convict No.4897, confined at Central Prison Puzhal -1 Chennai. For Petitioner : M/s.K.Akshaya For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been instituted to call for the records pertaining to the vide Impugned order No. 71680 /Tha.Ku.2/ 2024, dated 06.07.2024, issued by the 2nd respondent and quash the same and consecutively direct the respondents to grant ordinary leave of 40 days without escort to the detenue, John David S/o. Dr.T.Marimuthu, aged about 46 years, Life Convict No.4897, confined at Central Prison Puzhal -1 Chennai. 2.The order passed by the Superintendent of Central Prison I, Puzhal in order No. 71680 /Tha.Ku.2/ 2024, dated 06.07.2024 reveals that the convict prisoner had availed 30 days ordinary leave in December 2023. Since the period of one year had not lapsed, the convict prisoner is not eligible to avail 40 days of ordinary leave as per the application submitted. 3.Since the convict prisoner is not eligible to avail ordinary leave, we are
not inclined to consider the same. On applying with the eligibility criteria, petitioner is at liberty to submit application. 4.Accordingly, the Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.
[S.M.S., J.] [V.S.G., J.] 13.08.2024 Index: Yes/No Speaking/Non-speaking order gd To 1.The State rep. by its The Principal Secretary to Government of Tamil Nadu, Home Department, (Prison Branch-IV), Chennai - 600 009.
2.The Deputy Inspector General of Prison, Chennai Range, Egmore, Chennai - 600 008.
3.The Superintendent, Puzhal-I, Central Prison, Chennai - 600 066.
4.The Public Prosecutor, High Court, Madras.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
gd 13.08.2024