Ponmalar v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.09.2025

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Ponmalar ... Petitioner .Vs.

1.The Home Secretary, Home Department (Prison), 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:-Writ Petition Criminal is filed under Article 226 of the Constitution of India to issue writ of Certiorarified Mandamus to call for the records relating to the proceedings in No.767/Utha.2/2025 by the second respondent dated 29.07.2025 and quash the same and consequently direct the second respondent to grant 21 days ordinary leave without escort to the petitioner's son Kingfun, S/o Anthony, PID No.403852, currently confined in the Central Prison, Palayamkottai. 1/4

For petitioner : Mr.P.M.Basil For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor

O R D E R

The writ petition is filed challenging the impugned order passed by the second respondent.

2. Heard both sides and perused the records.

3. The petitioner is the mother of the convicted prisoner under NDPS Act. The petitioner is taking steps to partition the land of her husband to her sons. Therefore, the petitioner applied for ordinary leave for her son before the prison authorities. The same was rejected by the impugned order.

4. Considering the facts and circumstances of the case, this Court is of the view that since the petitioner's son was convicted under NDPS Act, he is not entitled for ordinary leave and there is no error in passing the impugned order. Even otherwise, the revenue officials can enter into the prison and they can get signatures of the petitioner's son for executing the documents for partition.

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5. Under such circumstances, the reason assigned by the petitioner for getting ordinary leave is not convincing and there is no perversity in the impugned order passed by the second respondent. In view of the same, this petition is dismissed. (P.V., J.) (L.V.G., J.) 26.09.2025 Index : Yes/No Internet : Yes/No CM To 1.The Home Secretary, Home Department (Prison), 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.

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P.VELMURUGAN,J.

and L. VICTORIA GOWRI ,J.

CM 26.09.2025 4/4