Pavithra v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024

CORAM:

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

1. The Principal Secretary to Government, Home Prohibition and Excise (Prison-IV) Department, Fort St. Goerge, Chennai - 600 009.

2. The Inspector of Prisons, O/o. Prison Department Headquarters, Whannels Road, Egmore, Chennai - 600 008.

3. The Deputy Inspector of General of Prisons, Trichy Range, Race Course Road, Trichy - 620 023.

4. The Superintendent of Prisons, Central Prison, Trichy - 620 020.

5. The Superintendent of Prisons, District Police Office, Subramaniyapuram, Trichy - 620 020.

... Respondents 1/5

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 21 days ordinary leave without police escort to petitioners husband namely Prathap, S/o. Palanivelu (Convict Prisoner No. 22525, PID No. 378960) confined at Central Prison, Tiruchirappalli, by considering petitioner's representation dated 04.09.2024 forthwith. For Petitioner : Mr. C.Karthikeyan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor.

O R D E R

This writ petition has been filed in the nature of mandamus seeking a direction to the respondents to grant 21 days ordinary leave without police escort to the husband of the petitioner, Prathap, S/o. Palanivelu (Convict Prisoner No. 22525, PID No. 378960) confined at Central Prison, Tiruchirappalli. The petitioner had given a representation on 04.09.2024.

2.The learned Additional Public Prosecutor forwarded a copy of proceedings, dated 03.10.2024 in Mu.Mu.No.457/Mu.U/2024, passed by the 3rd respondent/Deputy Inspector of General of Prisons, Trichy, whereby, leave had been granted on considering the representation given by the petitioner, however, with escort. 2/5

3.Since the relief has been granted, no further orders are required and hence, the writ petition stands dismissed. However, the learned counsel for the petitioner submitted that the leave should be granted without escort. If that be the case, the petitioner may file a fresh writ petition stating the reasons as to why the leave should be granted without escort, if instructed.

(C.V.K., J.) (R.P., J.) 04.10.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No PNM 3/5

To

1. The Principal Secretary to Government, Home Prohibition and Excise (Prison-IV) Department, Fort St. Goerge, Chennai - 600 009.

2. The Inspector of Prisons, O/o. Prison Department Headquarters, Whannels Road, Egmore, Chennai - 600 008.

3. The Deputy Inspector of General of Prisons, Trichy Range, Race Course Road, Trichy - 620 023.

4. The Superintendent of Prisons, Central Prison, Trichy - 620 020.

5. The Superintendent of Prisons, District Police Office, Subramaniyapuram, Trichy - 620 020.

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

4/5

C.V.KARTHIKEYAN, J.

and R.POORNIMA, J.

PNM ORDER MADE IN 04.10.2024 5/5