Ramalakshmi T v. The State Represented By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)Nos. 9491, 9321, 9646 & 17228 of 2024 and W.M.P(MD)Nos. 8612, 8748 of 2024 W.P.(MD).No.9491 of 2024:

T.Ramalakshmi ... Petitioner Vs.

The State Represented by its

1. Principal Secretary to Government of Tamil Nadu, Home Department, 2.The Deputy Inspector General of Prison, Madurai Range, Madurai.

3.The Superintendent of Police, Central Prison, PalayamKottai.

... Respondents a Writ of Certiorarified Mandamus, to call for the records pertaining to the

impugned order bearing No.9530/Tha.Hu/2/2024 dated 06.04.2024 passed by 2nd respondent and quash the same and consecutively direct the respondents to grant ordinary leave for 30 days to the detenu, Thirukumaran Son of Thangaraj (L.CT4988), who is now under incarceration at Central prison, Palayamkottai. W.P.(MD).No.9491 of 2024:

C. Suganya ... Petitioner Vs.

The State Represented by its

1. Principal Secretary to Government of Tamil Nadu, Department of Home, 2.The Director Inspector General of Prison, Trichy Range, Trichy Central Prison, Trichy - 620 020.

3.The Superintendent, Trichy Central Prison, Trichy - 620 020.

... Respondents a Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the petitioner the detenue, A. Chinnadurai S/o.Murugaiya, aged about 37 years, Convict No.229990, detained at Central Prison, Trichy.

W.P.(MD).No.9646 of 2024:

Muthulakshmi ... Petitioner Vs.

The State Represented by its

1. Principal Secretary to Government of Tamil Nadu, Department of Home, 2.The Deputy Inspector General of Prison, Trichy Range, Trichy - 620 020.

3.The Superintendent, Trichy Central Prison, Trichy - 620 020.

... Respondents a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing No.106/Mu.vu/2024, dated 15.03.2024, passed by 2nd respondent and quash the same and consecutively direct the respondents to grant ordinary leave for 30 days wtihout escort to Ramesh S/o. Ganesan, aged about 35 years, Life Convict No.22994, detained at Central Prison, Trichy. W.P.(MD).No.17228 of 2024:

K. Palanisamy ... Petitioner Vs.

1. The Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2.The Superintendent of Prison, Central Jail, New Jail Road, Madurai.

... Respondents a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st respondent in N.108/Vu.tha.2/2024 dated 19.07.2024 to set aside the same and further direct the respondent Nos.1 & 2 to grant ordinary leave for the period of 30 days to the petitioner's Son namely Jothimurugan S/o. Palanisamy (CP No.2193) who is convict in Sexual abuse case nad languishing in the Central Jail, Madurai for the past 2 1/2 years. In all the Writ Petitions:

For Petitioner : Mr.D. Selvam For Respondents : Mr.Hasan Mohamed Jinna, State Public Prosecutor, assisted by Mr.R.Muniyappa Raj, Additional Public Prosecutor and Mr.A.Damodaran, Additional Public Prosecutor and Mr.C.Ros Thilak, Additional Public Prosecutor

COMMON ORDER DR.G.JAYACHANDRAN, J.

AND R.POORNIMA, J.

When these writ petitions came up for consideration, the Hon'ble Division Bench of this Court referred the mattter to the Hon'ble Full Bench of this Court to answer the question, Whether pendency of an appeal is a bar for considering an ordinary leave application.

2. The Hon'ble Full Bench of this Court, vide Order dated 24.01.2025 had answered in negative, holding that the pendency of appeal will not be a bar for considering a leave application. As a result, the respondents have granted ordinary leave to the detenu. The leave has also been availed, and hence, nothing survives in these Writ Petitions.

3. Accordingly, these Writ Petitions are dismissed as infructuous. No Costs. Consequently, connected writ petitions are closed. [G.J., J.] & [R.P., J.] 24.04.2025 [1/2] NCC : Yes / No Index : Yes / No KSA

To

1. The Principal Secretary to Government of Tamil Nadu, Home Department, 2.The Deputy Inspector General of Prison, Madurai Range, Madurai.

3.The Superintendent of Police, Central Prison, PalayamKottai.

4.The Director Inspector General of Prison, Trichy Range, Trichy Central Prison, Trichy - 620 020.

5.The Superintendent, Trichy Central Prison, Trichy - 620 020.

6.The Deputy Inspector General of Prison, Trichy Range, Trichy - 620 020.

7.The Superintendent of Prison, Central Jail, New Jail Road, Madurai.

DR.G.JAYACHANDRAN, J.

AND R.POORNIMA , J.

KSA Common Order made in W.P.(MD)Nos. 9491, 9321, 9646 & 17228 of 2024 [1/2] 24.04.2025