Hemalatha v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE Ms.JUSTICE R.POORNIMA Hemalatha ... Petitioner Vs

1. The Secretary to Government, Home Department (Prison), Government of Tamil Nadu Secretariat, St. George Fort, Chennai 9.

2. The Additional Director General of Police (Prisons) / The Inspector General of Police, Office of ADGP (Prisons)/ I.G. of Prisons, Thalamuthu Natarajar Maaligai, Egmore, Chennai.

3. The Superintendent of Prison,, Central Prison, Madurai.

... Respondents PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the 3rd respondent to grant one month emergency leave without escort to the petitioner's husband, who is confined in Central Prison, Madurai by 1/4

name Madhav Mages S/o Gopal (C.P.No.6256)aged about 34 years a life convict, for the purpose of being with her during her surgery and recovery due to her serious health condition by considering the petitioner's representation, dated 18.09.2024. For Petitioner : Mr. S.Shrikanth For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor.

O R D E R

This Writ Petition has been filed by the petitioner seeking mandamus to consider her representation, dated 18.09.2024, by which, the petitioner has sought emergency leave without escort to her husband, Madhav Magesh, S/o Gopal, who is a convict prisoner No.6526 at Central Prison, Madurai.

2.When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents forwarded a copy of proceedings, dated 23.09.2024 of the third respondent Superintendent of Prisons, Central Prison, Madurai in No.6256/Tha.Ku. 2/2024, by which, the representation of the petitioner has been rejected. 2/4

3.In view of the aforesaid submission, this Writ Petition stands dismissed. However, liberty is granted to the petitioner to file a fresh writ petition, if instructed.

(C.V.K., J.) (R.P., J.) 03.10.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No PNM To

1. The Secretary to Government, Home Department (Prison), Government of Tamil Nadu Secretariat, St. George Fort, Chennai 9.

2. The Additional Director General of Police (Prisons) / The Inspector General of Police, Office of ADGP (Prisons)/ I.G. of Prisons, Thalamuthu Natarajar Maaligai, Egmore, Chennai.

3. The Superintendent of Prison,, Central Prison, Madurai.

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

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C.V.KARTHIKEYAN, J.

and R.POORNIMA, J.

PNM ORDER MADE IN 03.10.2024 4/4