S.Veembu v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.12.2023
CORAM
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN S.Veembu ..
Petitioner Vs 1.The Additional Chief Secretary to Government Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.
2.The Director General of Police/ Inspector General of Prisons and Correctional Service, Whannels Road Egmore, Chennai 600 008.
3.The Superintendent of Prisons Central Prison, Cuddalore-4.
..
Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of mandamus directing the respondents to extend the ordinary leave for 30 days by considering the representation of
the petitioner dated 11.12.2023 of petitioner's husband Senthil Kumar, son of Selvaraj, aged 50 years convict No.14681, Convict Prisoner, Central Prison, Cuddalore, now on leave.
For Petitioner :
Mr.P.Pugalenthi for Ms.S.Nadhiya For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
[Order of the Court was made by S.S.SUNDAR,J.] (1)This writ petition is filed by the petitioner for issuance of a mandamus directing the respondents to grant 30 days ordinary leave to her husband / detenu Senthil Kumar, aged 50 years, a convict prisoner bearing No.14681.
(2)Earlier, this Court, vide order dated 17.11.2023 in WP.No.17283/202, granted Ordinary Leave for a period of 28 days from 22.11.2023. Leave was sought for to enable the convict prisoner/detenu to mobilise funds for the expenses towards education of his children who are doing medicine. Since the request of the petitioner was genuine, this Court granted leave. (3)Now, extension is sought for on the ground that the detenu was unable to
mobilise funds due to paucity of time, heavy rain and other unavoidable circumstances.
(4)Considering the facts and circumstances of the case, this Court is inclined to extend the leave already granted to the detenu by this Court. (5)Accordingly, the writ petition stands allowed and the ordinary leave already granted to the detenu Senthil Kumar, son of Selvaraj, convict Prisoner No.14681, is extended for a period of 21 days from 19.12.2023 to 08.01.2024 without escort subject to the same conditions imposed by this Court vide order dated 17.11.2023. (6)Post on 09.01.2024 for reporting compliance. [SSSRJ] [SMJ] 15.12.2023 AP Internet : Yes NOTE:Issue order copy on 18.12.2023.
To 1.The Additional Chief Secretary to Government Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.
2.The Director General of Police/ Inspector General of Prisons and Correctional Service, Whannels Road Egmore, Chennai 600 008.
3.The Superintendent of Prisons Central Prison, Cuddalore-4.
4. The Public Prosecutor High Court, Madras.
S.S.SUNDAR,J.
AND SUNDER MOHAN,J.
AP 15.12.2023