M.Manikandan (C.P.No.4969) v. The State Represented Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA M.Manikandan ... Petitioner Vs.

1.State of Tamil Nadu Rep. By, The Principal Secretary to Government, Home Department, Fort St. George, Chennai - 600 009.

2.The Deputy Inspector General of Prison, Madurai Range, Madurai.

3.The Superintendent of Prison, Central Prison, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days to the petitioner Manikandan S/o.Muniappa Thevar (C.P.No.4969) detained at Central Prison, Madurai.

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For Petitioner : Mr.C.Mayilvahana Rajendran For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

ORDER

(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2.The petitioner was already granted forty days (40) ordinary leave from 13.12.2024. He has to surrender on 23.01.2025. The petitioner seeks extension of the said leave period. Since the convict's annual quota is already over, he cannot exercise the right to seek ordinary leave till 21.02.2026. However, taking into account the special facts and circumstances projected in the affidavit filed in support of the writ petition, we grant seven more days (7) of emergency leave. The petitioner has to positively surrender at 05.00 pm on 30.01.2025. The petitioner gives an undertaking that he will not seek any further extension. The petitioner has to abide by the conditions which were earlier imposed on him.

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3.This writ petition is allowed on these terms. No costs. (G.R.S. J.,) & (R.P. J.,) 22.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 23.01.2025.

To:- 1.The Principal Secretary to Government, Home Department, Fort St. George, Chennai - 600 009.

2.The Deputy Inspector General of Prison, Madurai Range, Madurai.

3.The Superintendent of Prison, Central Prison, Madurai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 22.01.2025 4/4