R.Sri Vidhya v. The Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.03.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)No. 8646 of 2025 R.Sri Vidhya ... Petitioner -Vs1. The Secretary, Home Department, Fort St. George, Chennai - 600009.
2. The Jail Superintendent, Palayamkottai Prison, Palayamkottai, Tirunelveli District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to extent the emergent parole leaves for 3 days to the petitioner's brother namely, R.Srikanth aged about 38 years, Prison ID.No. 125762 now confined at Palayamkottai Central Prison, Tirunelveli as life convict for the purpose of performing 16th day of death ceremony of detenu's father falling on 31.03.2025 to 02.04.2025 by considering her representation, dated 25.03.2025 within the period stipulated by this Court.
For Petitioner : Mr.Atham Ali For Respondents : Mr.A.Thiruvadikumar Additional Government Pleader
ORDER
DR.G.JAYACHANDRAN, J.
R.POORNIMA , J.
This Writ petition is filed on behalf of the convict to consider the representation, granting three days emergency leave to attend the 16th day death ceremony of the convict's father.
2. The Learned Additional Public Prosecutor appearing for the respondents submits that Prison Rule does not provide any emergency leave to attend 16th day ceremony or other ceremony followed by funeral.
3. Considering the peculiar facts of the case that the detenu is the only Son of the deceased Rajendran and to perform the ceremony there is no other male issue and taking into fact that there are intervening public holidays, this Court is of the view that in exercise of the power Under Article 226 of the Constitution of India, one day emergency leave for the convict to attend his
father's 16th day ceremony on 31.03.2025 is granted with adequate Police Escort. The convict shall be let out from the Palayamkottai Prison at 07.00 a.m., on 31.03.2025 and he shall report back to the Prison authorities on the same day before 05.00 p.m., on the same day.
4. With these directions, this Writ Petition is allowed. No costs. [G.J., J.] & [R.P., J.] 27.03.2025 NCC : Yes / No Index : Yes / No KSA Note to Registry : Issue a copy of Order on 27.03.2025 To
1. The Secretary, Home Department, Fort St. George, Chennai - 600009.
2. The Jail Superintendent, Palayamkottai Prison, Palayamkottai, Tirunelveli District.
DR.G.JAYACHANDRAN, J.
R.POORNIMA , J.
KSA W.P.(MD)No. 8646 of 2025 27.03.2025