Periyasamy v. The Director General Of Prison
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)No. 3475 of 2025 Periyasamy ... Petitioner -Vs1. The Director General of Prison, Directorate of the Central Prison, Tamil Nadu Prison, Veanals Road, Egmore, Chennai - 600008.
2. The Deputy Inspector General of Prisons, Madurai Range, Madurai Central Prison Campus, Madurai City - 625016.
3. The Superintendent of Prison, Madurai Central Prison, Madurai City - 625016.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent vide his proceedings in No. 936/Uo.tha.2/2024 dated 16.12.2024 and quash the same as illegal and consequently direct the 2nd respondent to grant 30 days ordinary leave to the
petitioner's son Arun son of Periyasamy a life convict prisoner in C.P.No. 6109 confined at the Central Prison, Madurai forthwith without escort. For Petitioner : Mr.J. Vijayaraja For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
DR.G.JAYACHANDRAN, J.
R.POORNIMA , J.
The application for ordinary leave on behalf of the life convict was dismissed by the authorities on the ground that he had not completed three years of imprisonment, after conviction.
2. The Learned Additional Public Prosecutor appearing for the respondents states that as on date, the life convict has completed three years imprisonment and if file a fresh application the same will be considered in accordance with law.
3. Taking note on the date of rejection, the petitioner was not entitled for leave since he has not completed three years period of imprisonment after conviction. Therefore, the impugned order holds good. However, the petitioner is
given liberty to make a fresh representation for leave and the respondents shall consider the said representation in accordance with law, taking into consideration of the change of circumstances.
4. Accordingly, this Writ Petition stands dismissed. No Costs. [G.J., J.] & [R.P., J.] 24.03.2025 NCC : Yes / No Index : Yes / No KSA To
1. The Director General of Prison, Directorate of the Central Prison, Tamil Nadu Prison, Veanals Road, Egmore, Chennai - 600008.
2. The Deputy Inspector General of Prisons, Madurai Range, Madurai Central Prison Campus, Madurai City - 625016.
3. The Superintendent of Prison, Madurai Central Prison, Madurai City - 625016.
DR.G.JAYACHANDRAN, J.
R.POORNIMA , J.
KSA W.P.(MD)No. 3475 of 2025 24.03.2025