Muthumari P 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.9991 of 2025 P.Muthumari ... 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, Central Jail, Madurai.
3.The Superintendent of Police, Office of the Superintendent of Police, Tiruppur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to grant emergency leave for a 1/5
period of 15 days to the Petitioner's husband namely, Paneerselvam(C.P.No.11056) by considering the Petitioner's representation, dated 30.3.2025.
For Petitioner : Ms.A.Karthika For Respondent : 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 to consider the request for grant of emergency leave for a period of 15 days to the convict, who is the husband of the Petitioner.
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/State states that the reason stated for seeking emergency leave is the ensuing marriage of the convict's daughter which is scheduled to be held on 8.6.2025.The learned Additional Public Prosecutor 2/5
states that as per the Prison Manual, emergency leave can be granted for 15 days in a year, if the convict is eligible for such leave and it shall be in three parts, 6 days, 3 days and 3 days. As per the Prison Manual, the representation given on behalf of the convict will be considered.
4.The learned counsel for the Petitioner states that since the Leave Manual provides for granting emergency leave only maximum of 6 days in one spell and hence, a positive direction may be given to the authorities to grant 15 days leave in one spell, so that the Petitioner's husband can be with his daughter before and few days after the marriage.
5.The request of the Petitioner for granting 15 days emergency leave cannot be granted in view of the prevailing Rule.Therefore, the respondents shall consider the request for granting emergency leave to attend his daughter's marriage and grant six days emergency leave from 4.6.2025 till 9.6.2025, without escort. In case, if the convict needs any extension of leave, that request may be considered independently.
6.With the directions, the Writ Petition stands disposed of. 3/5
[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, Central Jail, Madurai.
3.The Superintendent of Police, Office of the Superintendent of Police, Tiruppur District.
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DR.G.JAYACHANDRAN, J.
and R.POORNIMA ,J.
vsn ORDER MADE IN W.P(MD)No.9991 of 2025 22.04.2025 5/5