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Madras High CourtWP Crl.(MD)/25/2025closed

K.Petchiyammal v. The Government Of Tamilnadu

2025-06-04Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA WP Crl.(MD)No.25 of 2025 K.Petchiyammal ... Petitioner -Vs1.The Government of Tamil Nadu, Rep by its Secretary to Government, Home (Prison IV) Department, Fort St.George, Chennai-9.

2.The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai-8.

3.The Superintendant of Central Prison, Central Prison, Cuddalore.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to take proper action and release the petitioner's husband on emergent leave on 05.06.2025, 06.06.2025 and 07.06.2025 in the light of the petitioner's representation dated 29.05.2025 within a

stipulated period as prescribed by this Court. For Petitioner : Mr.P.Jeyasankar For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Prayer in this writ petition is to direct the respondents to take proper action and release the petitioner's husband on emergency leave on 05.06.2025, 06.06.2025 and 07.06.2025, in the light of the petitioner's representation, dated 29.05.2025.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the convict prisoner is now under the preventive detention under the National Security Act, NSA No.02/2024, dated 16.11.2024, by the District Collector, Tirunelveli. Hence, the convict prisoner is not entitled for emergency leave.

4.Recording the submission made by the learned Additional Public Prosecutor, this Habeas Corpus Petition stands closed. [A.D.J.C., J.] & [R.P., J.] 04.06.2025 NCC : Yes / No Index : Yes / No NS To 1.The Government of Tamil Nadu, Rep by its Secretary to Government, Home (Prison IV) Department, Fort St.George, Chennai-9.

2.The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai-8.

3.The Superintendant of Central Prison, Central Prison, Cuddalore.

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

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

Ns WP Crl.(MD)No.25 of 2025 04.06.2025