Shoba Esthar v. The Home Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.Crl.(MD)No.424 of 2025 and W.P.M.P(MD)No.116 of 2025 Shoba Esthar ... Petitioner -Vs1. The Home Secretary Government of Tamil Nadu, Secretariat, Fort St.George, Chennai-600 009.
2. The Deputy Inspector General Of Prisons, Madurai Range, Madurai-625 001.
3. The Superintendent of Prison Central Prison, Palayamkottai-627 007.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in No.323/Utha.2/2025 dated 08.04.2025 issued by the 2nd
respondent quash the same and consequently direct the respondents to grant 28 days Ordinary leave without escort to the petitioner's husband viz., Prince, S/o.Vedhanayagam, LTC No.3898.
For Petitioner : Mr.R.Jenifar Bibin For Respondents : Mr.A.Thiruvadikumar, Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Challenge is made to the order dated 08.04.2025 passed by the second respondent rejecting ordinary leave with sufficient escort to the husband of the petitioner.
2. Heard the learned counsel 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 on the date of consideration of the representation of the petitioner, the convict prisoner had not completed the cooling-off period of one year. However, as on date, the cooling-off period of one year has got over and now the convict prisoner is entitled for leave.
4.Recording the submission made by the learned Additional Public Prosecutor, this Court directs the authorities to consider the representation of the petitioner and pass orders regarding request for grant of leave on merits and in accordance with law, within a period of one week from today. 5.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition stands closed. [A.D.J.C., J.] & [R.P., J.] 07.07.2025 NCC : Yes / No Index : Yes / No NS To
1. The Home Secretary Government of Tamil Nadu, Secretariat, Fort St.George, Chennai-600 009.
2. The Deputy Inspector General Of Prisons, Madurai Range, Madurai-625 001.
3. The Superintendent of Prison Central Prison, Palayamkottai-627 007.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
Ns W.P.Crl.(MD)No.424 of 2025 and W.P.M.P(MD)No.116 of 2025 07.07.2025