Manoranjitham v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 24.10.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE MS.JUSTICE R. POORNIMA Manoranjitham ... Petitioner Vs
1. The Secretary to Government Home, (Prison-IV)Department State of Tamil Nadu, Fort.St.George, Chennai - 600 009.
2. The Superintendent of Prisons, Central Prison, Madurai District
3. The Inspector of Police All Women Police Station, Aruppukottai, Virudhunagar District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the second respondent in E.376478/ jF.2/2024 dated 25.09.2024 and quash the 1/6
same and consequently direct the second respondent to grant ordinary leave for ( parole) from 03.10.2024 to 05.10.2024. For Petitioner : Mr.R.Satheesh For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor.
ORDER
The Writ Petition has been filed in the nature of Certiorarified Mandamus, to call for the records pertaining to the order passed by the second respondent in E.376478/ jF.2/2024 dated 25.09.2024 and quash the same and consequently direct the second respondent to grant ordinary leave to the husband of the petitioner namely Natraj, S/o.Shanmugam, C.P.No.958 and now confined at Central Prison ,Madurai for a period from 03.10.2024 to 05.10.2024.
2. The husband of the petitioner had been convicted in Spl.S.c. No.36 of 2018 by the Special Court for POSCO Act cases, Srivilliputhur, Virudhunagar District by judgment dated 17.09.2021 for the offences under Sections 366,342,506(ii) of IPC and Sections 10 &6 2/6
of POCSO Act,2012. He had been sentenced to serve 60 years simple imprisonment, consequent to such conviction. The reason for seeking leave is that his family had decided to sell the property in S.F. No.104/7 having patta No.1901 at Alagapuri Taluk, Virudhunagar District,. The registration is to take place at Pandalkudi Sub Registrar Office.
3. We had sought examining the genuinity of the reason and report had been forwarded by the Probationary Officer of the Virudhunagar District, wherein he had stated that it is a fact that the family members of the petitioner is making arrangement to sell the property. The husband of the petitioner had already been granted emergency leave for a period of one day on 03.04.2024 and he had been able to complete the registration, but this property is a different property.
4. Taking into consideration all these factors, we quash the order of the second respondent dated 25.09.2024 and grant ordinary leave to the husband of the petitioner namely Natraj, S/o.Shanmugam, C.P.No.958 and now confined at Central Prison ,Madurai for a period of 3/6
3 days with escort commencing from 05.11.2024 to 07.11.2024 with effective from 11.00 a.m., 04.11.2024 till 5.00 p.m.,on 08.11.2024.
5. In the result, the Writ Petition stands allowed. (C.V.K., J.) (R.P, J.) 24.10.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No aav Note: Issue order copy on 28.10.2024 To
1. The Secretary to Government Home, (Prison-IV)Department State of Tamil Nadu, Fort.St.George, Chennai - 600 009.
2. The Superintendent of Prisons, Central Prison, Madurai District
3. The Inspector of Police All Women Police Station, Aruppukottai, Virudhunagar District 4/6
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
C.V.KARTHIKEYAN, J.
and R.POORNIMA, J.
aav 24.10.2024 6/6