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Madras High CourtWP Crl./1142/2025disposed of

V.Ganga v. The Additional Chief Secretary To Government

2025-11-03Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.11.2025

CORAM

THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN & W.P.M.P.Crl.545 of 2025 V.Ganga ... Petitioner

Versus

1. The Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai - 600 009

2. The Director General of Police Director General of Prisons and Correctional Services Prison Head Quarters Whannels Road Egmore, Chennai - 600 008

3. The Superintendent of Prison Central Prison, Cuddalore - 607 004 .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records 1/5

No.1421698/Tha Ku2/2025 dated 08.09.2025 from Respondent No.3 and quash the same and consequently, direct the respondents to grant 28 days ordinary leave to the petitioner's brother Palani, S/o.Marimuthu, Ct.No.12696 (PID No.159541), aged 40 years, no confined in the Central Prison, Cuddalore.

For Petitioner :

Mr.P.Pugalenthi For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

(Order of the Court was made by N.SATHISH KUMAR, J.) This writ petition has been filed challenging the impugned order dated 08.09.2025 of the third respondent, rejecting the representation of the petitioner dated 26.08.2025, seeking ordinary leave for the convict prisoner Palani, S/o.Marimuthu, Ct.No.12696 (PID No.159541).

2. The learned counsel for the petitioner submitted that the petitioner has undergone a surgery in the uterus and the doctor has advised her rest and hence, she needs the assistance of her brother, the convict prisoner. The learned counsel further submitted that the convict prisoner is serving the sentence for more than 20 years.

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3. The learned Additional Public Prosecutor submitted that the convict prisoner was already granted 28 days ordinary leave by this Court vide order dated 10.03.2025 in W.P.No.5178 of 2025 and hence, he is entitled to only 12 days ordinary leave.

4. Considering the submissions made and also considering the fact that when the leave was granted earlier, he has not come to any adverse notice and the convict prisoner surrendered without any untoward incident, we are inclined to grant 12 days ordinary leave to the convict prisoner without escort.

5. In such view of the matter, the impugned order dated 08.09.2025 is quashed and the convict prisoner Palani, S/o.Marimuthu, Ct.No.12696 (PID No.159541) is granted 12 days ordinary leave from 05.11.2025 to 16.11.2025 with a condition that the life convict shall report before the jurisdictional police i.e., Vellore South Police Station, Vellore District daily at 10.30 a.m. After expiry of the ordinary leave, the life convict shall surrender on 16.11.2025 at 05.30pm. The life convict shall utilize the leave only for the purpose for which it has been granted and shall not indulge in 3/5

any other activities.

With the above direction, this writ petition stands allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[N.S.K.,J.] [M.J.R.,J.] 03.11.2025 Index: Yes/No gpa Note: Issue order copy 04.11.2025 To

1. The Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai - 600 009

2. The Director General of Police Director General of Prisons and Correctional Services Prison Head Quarters Whannels Road Egmore, Chennai - 600 008

3. The Superintendent of Prison Central Prison, Cuddalore - 607 004 4.The Public Prosecutor High Court, Madras.

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N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., gpa 03.11.2025 5/5