Selvi v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA W.P(MD)No.5156 of 2025 Selvi ... Petitioner/Wife of the Prisoner .Vs.

1.The Deputy Inspector General of Prison, Madurai Zone, Madurai - 625 016.

2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli - 627 007.

3.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court for issuance of a Writ of Mandamus directing the respondents to grant extension of time granted in 1/6

W.P(MD)No.3095 of 2025, dated 31.1.2025 and grant 10 days further ordinary leave or emergency leave to the Petitioner's husband namely Issac, son of Ramaiya, life convict No.4686 on medical ground.

For Petitioner : Mr.P.M.Basil For Respondents : Mr.A.Thiruvadi Kumar Addl.Public Prosecutor

O R D E R

DR.G.JAYACHANDRAN., J AND R.POORNIMA.,J The Writ Petition has been filed for a mandamus directing the respondents to grant extension of time granted in W.P(MD)No.3095 of 2025, dated 31.1.2025 and grant 10 days further ordinary leave or emergency leave to the Petitioner's husband namely Issac, son of Ramaiya, life convict No.4686 on medical ground.

2.Heard the learned counsel appearing on either side and 2/6

perused the materials placed before this Court. 3.This Court considering the nature of the request to grant 21 days ordinary leave, allowed the Petition filed by the wife vide order, dated 31.01.2025 and 21 days ordinary leave got expired tomorrow. The present application is filed for extension of ordinary leave stating that the Petitioner is the wife of the convict, is under conversant period after her surgery and therefore, the presence of her husband is required.

4.The learned counsel for the Petitioner submitted that the convict is entitled for 21 days ordinary leave and he has availed that leave. Further, due to the exigency, he may be granted emergency leave for few more days so that the Petitioner will have the comfort of her husband during conversant period. 5.The learned Additional Public Prosecutor appearing for the respondents/State states that the convict, who is entitled for 3/6

21 days ordinary leave been granted 21 days ordinary leave pursuant to the order passed by this Court, dated 31.1.2025. In case, he needs any emergency leave, it may be on separate request with sufficient reasons for extension of ordinary leave or to consider her request for emergency leave which has not fall within the purview of the provisions. This Court is in full agreement with the submissions made by the learned Additional Public Prosecutor.

6.Therefore, the Writ Petition stands dismissed, as the request of the Petitioner for extension of ordinary leave, for which, the detenu is not entitled to, as per law. [G.J.,J.] [R.P.,J.] 25.02.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No 4/6

vsn To 1.The Deputy Inspector General of Prison, Madurai Zone, Madurai - 625 016.

2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli - 627 007.

3.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli.

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

5/6

DR.G.JAYACHANDRAN, J.

and R.POORNIMA ,J.

vsn JUDGMENT MADE IN W.P(MD)No.5156 of 2025 25.02.2025 6/6