Selvi v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE Ms.JUSTICE R.POORNIMA Selvi ... 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 respondents to grant one month emergency leave without escort to the petitioners husband namely Nagarajan, S/o.Karuppiah a life convict prisoner (CP No. 5864) now confined at Central Prison, Madurai to 1/4

attend to his ailing father for a period of one month by considering the petitioner's representation, dated 20.09.2024. For Petitioner : Mr. S.Sukanth For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor.

O R D E R

The Writ Petition had been filed in the nature of mandamus seeking a direction to the respondents to grant one month emergency leave without escort to the husband of the petitioner Nagarajan, S/o.Karuppiah, Convict Prisoner (CP No. 5864) now confined at Central Prison, Madurai. The petitioner had given a representation on 20.09.2024.

2.In the affidavit filed in support of the writ petition, it had been stated that the father-in-law of the petitioner, who is over 80 years suffers from Pneumonia and Diabetes. He had also developed a wound on his right leg. The presence of the husband of the petitioner is required at this time.

3. The learned Additional Public Prosecutor forwarded a copy of order, dated 26.09.2024 in No.E376527/Tha.Ku.2/2024, passed 2/4

by the 3rd respondent, Superintendent of Prison, Central Prison, Madurai by which, the representation of the petitioner had been rejected. 4.In view of the above, the writ petition seeking mandamus would not lie and hence, the Writ petition stands dismissed, granting liberty to the petitioner to challenge the order of rejection, in the manner known to law.

(C.V.K., J.) (R.P., J.) 23.10.2024 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 23.10.2024 4/4