S.R.Muralivasan v. The Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)No.13803 of 2025 S.R.Muralivasan ... Petitioner -VsThe Superintendent, Central Prison, Palayamkottai.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to grant 3 days of emergency leave to petitioner father by name S.Ramakrishnan, 680255 convict prisoner in S.C. No.223 of 2006 on the file I Additional District and Sessions Court, Thoothukudi so as to enable him to attend the funeral ceremonies relating to the death of petitioner's grandmother Saraswatiammal.

For Petitioner : M/s.P.Samuel Gunasingh For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN, J.

R.POORNIMA , J.

The petitioner is a life convict confined in Central Prison, Palayamkottai. His mother-in-law passed away yesterday i.e., on 29.04.2025. Therefore, he made a request for the grant of three days' emergency leave, which has not been considered by the respondent police so far. Since the Jail Manual does not provide for granting emergency leave on account of the death of a mother-in-law, the request remains pending.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. We have also perused the material documents available on record.

3. The Learned Counsel appearing for the petitioner submitted that the life convict is the only son-in-law of the deceased, and his presence at the funeral is necessary.

4. Considering the facts, circumstances, and the Law, the respondent is directed to grant emergency leave to the convict, namely; S.Ramakrishnan, Convict Prisoner No.680255. He shall be released from the Central Prison, Palayamkottai, with a single escort today, i.e., on 30.04.2025 at 01:00 p.m., and he shall report before the prison authorities on 01.05.2025 at 05:00 p.m. The expenses of the single escort shall be borne by the life convict. [G.J., J.] & [R.P., J.] 30.04.2025 NCC : Yes / No Index : Yes / No KSA Note :Issue a copy of order on 30.04.2025 To The Superintendent, Central Prison, Palayamkottai.

DR.G.JAYACHANDRAN, J.

R.POORNIMA , J.

KSA W.P.(MD)No.13803 of 2025 30.04.2025