Pushparani v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.05.2025

CORAM:

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Pushparani ... Petitioner Vs.

1.The Home Secretary, Home (Prison-VI) Department, Secretariat, Fort St. George, Chennai-9.

2.The Director General of Prison, Prisons and Correctional Services, No.1, Gandhi Irwin Salai, Egmore, Chennai-600 008.

3.The Deputy Inspector General, Prison and Correctional Services Department, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai District.

4.The Jail Superintendent, Central Prison, Madurai 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 1/6

respondents to grant 3 months of ordinary leave without an escort to the Husband of the Petitioner namely Sarath who is undergoing sentence as life convict in Central Prison, Madurai, in pursuance of the petitioner's representation dated 10.05.2025 within a time frame fixed by this Court. For Petitioner :

Ms.S.Meena For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by N. ANAND VENKATESH, J.] This writ petition has been filed for the issue of Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 10.05.2025, wherein the petitioner has sought for grant of ordinary leave without police escort for her husband, who is presently confined at Madurai Central Prison.

2. Heard Ms.S.Meena, learned counsel for the petitioner and Mr.T.Senthil Kumar, learned Additional Public Prosecutor appearing on behalf of the respondents.

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3. The petitioner's husband is a life convict, who is presently confined at Central Prison, Madurai. The petitioner made a representation dated 10.05.2025 to the respondents seeking for ordinary leave to her husband on the ground that she is in advanced stage of pregnancy and that her delivery is due to take place during the 1st week of July, 2025. Since the representation was not considered and no decision was taken, the present writ petition has been filed before this Court.

4. The learned Additional Public Prosecutor appearing on behalf of the respondents, on instructions, submitted that the representation is now under consideration before the third respondent.

5. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the third respondent to deal with the representation made by the petitioner on 10.05.2025 and pass necessary orders on its own merits and in accordance with law within a period of ten days from the date of receipt of a copy of this order.

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6. This writ petition is disposed of with the above direction. [N.A.V., J.] [L.V.G., J.] 28.05.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr 4/6

To 1.The Home Secretary, Home (Prison-VI) Department, Secretariat, Fort St. George, Chennai-9.

2.The Director General of Prison, Prisons and Correctional Services, No.1, Gandhi Irwin Salai, Egmore, Chennai-600 008.

3.The Deputy Inspector General, Prison and Correctional Services Department, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai District.

4.The Jail Superintendent, Central Prison, Madurai District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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N. ANAND VENKATESH, J.

and L.VICTORIA GOWRI, J.

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