Renubai v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.05.2023
CORAM:
THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Renubai ... Petitioner Vs.
1.The Secretary to Government Home Department, Government of Tamil Nadu, Secretariat, Chennai-9.
2.The Additional Director General of Police (Prisons)/ The Inspector General of Police, Office of ADGP (Prisons) / I.G. of Prisons, ThalamuthuNatarajarMaaligai, Egmore, Chennai.
3.The Superintendent of Prison Central Prison, Madurai.
4.The Inspector of Police Kenikkarai Police Station, Ramanathapuram District.
... Respondents Page No.1/6
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the third respondent to grant ten days emergency leave or ordinary leave to the petitioner's son who are confined in Central Prison Madurai by name Madhav Magesh, S/o.Gopal, C.P.No.6256, aged about 33 years and Bala Yogesh, S/o.Gopal, C.P.No.6259, aged about 32 years a life convict from 18.05.2023 to 28.05.2023 for attending their father's funeral ceremony and for performing the final rites.
For Petitioner : Mr.S.Srikanth for M/s.APN Law Associates For Respondents : Mr.R.Baskaran Additional Advocate General Assisted by Mr.S.Ravi Additional Public Prosecutor
O R D E R
[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] Mr.R.Baskaran, learned Additional Advocate General, assisted by Mr.S.Ravi, learned Additional Public Prosecutor takes notice for the respondents.
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2. Since the petitioner's husband Gopal passed away yesterday, this writ petition has been filed for issuance of a Writ of Mandamus under Article 226 of Constitution of India to direct the third respondent to grant 10 days (18.05.2023 to 28.05.2023) emergency leave or ordinary leave to the petitioner's son namely, Madhav Magesh, S/o.Gopal, aged about 33 years and Bala Yogesh, S/o.Gopal, aged about 32 years, who are confined in Central Prison, Madurai.
3. Learned Additional Public Prosecutor appearing for the respondents submitted that already one day emergency leave has been granted to both sons for participating in the last rites of their father, since cremation starts at 4.00 p.m., today (18.05.2023). He further submitted that one day time is sufficient for attending the last rites ceremony of their father and the respondents afraid of any untoward incident that may cause or even lead to retaliation from other opposite party since they are also living in the same village.
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4. However, considering the fact that the petitioner's mother has asked for ten days time to perform the last rites, we grant three days time from 18.05.2023 to 20.05.2023. The convict prisoners namely, Madhav Magesh, S/o.Gopal, aged about 33 years and Bala Yogesh, S/o.Gopal, aged about 32 years, are directed to surrender before the concerned authority on or before 20.05.2023 at 7.00 p.m.
5. With the above directions, the writ petition stands disposed of. No costs.
[T.R., A.C.J.] [L.V.G.,J.] 18.05.2023 NCC : Yes / No Index : Yes / No Internet: Yes RM Note : Issue order copy on 18.05.2023 Page No.4/6
To 1.The Secretary to Government Home Department, Government of Tamil Nadu, Secretariat, Chennai-9.
2.The Additional Director General of Police (Prisons)/ The Inspector General of Police, Office of ADGP (Prisons) / I.G. of Prisons, ThalamuthuNatarajarMaaligai, Egmore, Chennai.
3.The Superintendent of Prison Central Prison, Madurai.
4.The Inspector of Police Kenikkarai Police Station, Ramanathapuram District.
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T.RAJA, A.C.J.
and L.VICTORIA GOWRI, J.
RM ORDER MADE IN DATED : 18.05.2023 Page No.6/6