S.Megalakumari v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA W.P(MD)No.8949 of 2025 S.Megalakumari ... Petitioner .Vs.

1.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus. New Jail Road, Madurai.

2.The Superintendent of Prison, Office of the Superintendent of Prison, Central Prison, Madurai.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court for issuance of a Writ of Certiorarified Mandamus directing the first respondent to call for the records 1/5

pertaining to the impugned order No.8839/Thaku.2/2024, dated 19.12.2024 passed by the second respondent and to quash the same as bad inlaw and further to direct the respondents 1 and 2 to advance the ordinary leave for the period of 30 days, who is a life convict namely, Saravanapandian(C.P.No.3847) by considering the representation, dated 13.12.2024.

For Petitioner : Mr.SMA.Jinnah For R1 to R3 : Mr.A.Thiruvadi Kumar Addl.Public Prosecutor

O R D E R

DR.G.JAYACHANDRAN., J AND R.POORNIMA.,J The Petitiner herein seeks ordinary leave for her husband, who is a life convict and confined at Central Prison, Madurai. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents 1 to 3/State states that the life convict had availed 28 days of ordinary leave on 12.6.2024 and he is entitled for further ordinary leave 2/5

only after one year cooling period. Since the colling period is not over, representation for ordinary leave cannot be entertained. Further, the learned Additional Public Prosecutor submits that the life convict, as on date, is on emergency leave and if at all his presence is required for any purpose, he can avail the emergency leave granted to him and fulfil the same.

5.Taking into account of the same as stated by the learned Additional Public Prosecutor, this Court finds that the request of the Petitioner to grant ordinary leave to her husband, who has not completed one year cooling period, cannot be entertained and hence, the Writ Petition stands dismissed.

[G.J.,J.] [R.P.,J.] 22.04.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus. New Jail Road, Madurai.

2.The Superintendent of Prison, 3/5

Office of the Superintendent of Prison, Central Prison, Madurai.

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

4/5

DR.G.JAYACHANDRAN, J.

and R.POORNIMA ,J.

vsn ORDER MADE IN W.P(MD)No.8949 of 2025 22.04.2025 5/5