Ramachandran v. The Prison And Correctional Services Department

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA W.P(MD)No.6643 of 2025 Ramachandran, Son of Nadarajan, PID No.9103, Now lodged at Central Prison, Madurai.

... Petitioner .Vs.

1.The Prison and Correctional Services Department, DIG Office, Madurai Range, Madurai.

2.The Superintendent, Central Prison, Madurai.16.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order No.129/Uu.Tha2/2025, dated 5.2.2025 and to quash the same as illegal and consequently to direct the respondents to grant 1/5

ordinary leave for the Petitioner namely, Ramachandran in PID No.9013, Central Prison, Madurai.

For Petitioner : Mrs.S.Prabha For R1& R2 : Mr.A.Thiruvadi Kumar Addl.Public Prosecutor

O R D E R

DR.G.JAYACHANDRAN., J AND R.POORNIMA.,J This Writ Petition is filed seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order No.129/Uu.Tha2/2025, dated 5.2.2025 and to quash the same as illegal and consequently to direct the respondents to grant ordinary leave for the Petitioner namely, Ramachandran in PID No.9013, Central Prison, Madurai. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The application for ordinary leave on behalf of the life convict has been rejected by the respondents on the ground that the order made in S.C.No.75 of 2018, dated 2.8.07 passed by the trial Court is challenged before the High Court and the same is 2/5

pending in Crl.A(MD)No.226 of 2022. The said order is impugned in this Writ Petition.

4.In view of the Full Bench Judgment of this Court in the case of T.Ramalakshmi .vs.The State, represented by the Principal Secretary to Government of Tamil Nadu, Home Department, Fort St.George and two others made in W.A(MD)NO.9491 of 2024, dated 24.1.2025, ordinary leave application cannot be rejected on the ground of pendency of appeal in a higher forum.

5.Therefore, the impugned order is quashed and the Writ Petition stands allowed. The authorities are directed to reconsider the request of the Petitioner for ordinary leave and pass appropriate orders in accordance with law within a period of two weeks from the date of receipt of a copy of this order. [G.J.,J.] [R.P.,J.] 13.03.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 3/5

1.The Prison and Correctional Services Department, DIG Office, Madurai Range, Madurai.

2.The Superintendent, Central Prison, Madurai.16.

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

4/5

DR.G.JAYACHANDRAN, J.

and R.POORNIMA ,J.

vsn ORDER MADE IN W.P(MD)No.6643 of 2025 13.03.2025 5/5