Madras High Court
Durga Devi vs State Of Tamilnadu on 23 August, 2021
W.P(MD)No.9288 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :23.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN
and
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P.(MD) No.9288 of 2021
and
W.M.P.(MD) No.6993 of 2021
Durga Devi ... Petitioner
-vs-
1. State of Tamilnadu,
Represented by the Principal Secretary to Government,
Home (Prison V) Department,
Secretariat, Fort St George,
Chennai – 600 009.
2. The Deputy General of Police/
Director General of Prisons and Correctional Services,
Whannels Road,
Egmore, Chennai – 08.
3. The Deputy Inspector General of Police,
Department of Prisons and Correctional Services,
Madurai Range, Madurai.
1/8
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W.P(MD)No.9288 of 2021
4. The Superintendent of Police,
O/o. Superintendent of Police,
Central Prison,
Madurai District,
Madurai. ... Respondents
PRAYER : Petition is filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned order No.163/Voo.Tha.2/2021 dated
25.01.2021, on the file of respondent No.3 served on 01.05.2021 and quash
the same as illegal and consequently directing the respondent Nos.2 and 3 to
provide ordinary leave to the petitioner's husband namely Sankar (C.P.No.
5697 – Central Prison, Madurai) on ordinary leave for one month for
effecting arrangement of livelihood to the family of the petitioner and
permit the petitioner's husband to visit his lawyer, relatives, to go to
hospital, temples, and other places which similarly situated leave prisoner
would be allowed.
For Petitioner : Mr.T.Lajapathi Roy
For Respondents : Mr.S.Ravi
Standing counsel for Government
2/8
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W.P(MD)No.9288 of 2021
ORDER
(Order of the Court was made by V.BHARATHIDASAN, J.)
Challenging the order passed by the third respondent refusing to grant
ordinary leave to the petitioner's husband, the present writ petition has been
filed.
2. The petitioner's husband was convicted by the learned Sessions
Judge, Madurai, in S.C.No.103 of 2015, for the offences under Sections 302
r/w. Section 34 of I.P.C. and sentenced to undergo life imprisonment.
Challenging the said conviction and sentence, he filed an appeal before this
Court in Crl.A.(MD).No.459 of 2017 and this Court, by judgment dated
24.09.2019, confirmed the order and dismissed the appeal, and he was
confined in Central Prison, Madurai. Earlier, the petitioner sought for one
month leave to the petitioner's husband viz., Sankar, under Section 20 of the
Tamil Nadu Suspension of Sentence Rules, 1982. That application has been
rejected by the third respondent, based on the report submitted by the
Silaiman Police Station, Madurai, on the ground that there is a life threat to
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W.P(MD)No.9288 of 2021
the petitioner's husband and there is a likelihood of law and order problem.
Challenging the order of rejection, the present writ petition has been filed.
3. The learned counsel appearing for the petitioner would submit that
the occurrence has taken place in the year 2012 and now, there is no
imminent life threat to the petitioner's husband and there is no likelihood of
law and order problem arises. Due to pandemic situation, he wants to make
some arrangements to the livelihood of the family and hence, he sought for
leave. But the third respondent has mechanically rejected the application.
4. Mr.S.Ravi, learned Standing counsel appearing for the respondents
would submit that based on the application filed by the petitioner, a report
has been called for from the Silaiman Police Station. In the report, it is
stated that, it is a case of retaliation murder, there is a life threat to the
petitioner's husband and there is a likelihood of law and order problem.
Hence, this application was rejected by the third respondent.
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W.P(MD)No.9288 of 2021
5. Heard the learned counsel for the petitioner and the learned
Standing counsel appearing for the respondents and perused the materials
available on record.
6. Under Section 20 of the Tamil Nadu Suspension of Sentence Rules,
1982, the petitioner's husband being the life convict is entitled for ordinary
leave not exceeding one month. Now, the petitioner's husband wants to
make some arrangements to the livelihood of the family, due to pandemic
situation. The occurrence has taken place in the year 2012 and so far the
petitioner has not applied for ordinary leave. The learned counsel for the
petitioner also submits that there is no life threat to the convict.
7. Considering the above facts, we are inclined to set aside the order
passed by the third respondent. Accordingly, the order passed by the third
respondent, dated 25.01.2021, is set aside and the third respondent is
directed to consider the petitioner's application, on its own merit and pass
orders granting ordinary leave to the petitioner's husband, within a period of
two weeks from the date of receipt of a copy of this order.
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W.P(MD)No.9288 of 2021
8. With the above direction, this Writ Petition is disposed of. No
costs. Consequently, the connected Miscellaneous Petition is closed.
[V.B.D.,J.] [J.N.B.,J.]
23.08.2021
akv
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate /
litigant concerned.
To
1. The Principal Secretary to Government,
Home (Prison V) Department,
Secretariat, Fort St George,
Chennai – 600 009.
2. The Deputy General of Police/
Director General of Prisons and Correctional Services,
Whannels Road,
Egmore, Chennai – 08.
3. The Deputy Inspector General of Police,
Department of Prisons and Correctional Services,
Madurai Range, Madurai.
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W.P(MD)No.9288 of 2021
4. The Superintendent of Police,
O/o. Superintendent of Police,
Central Prison,
Madurai District, Madurai.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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W.P(MD)No.9288 of 2021
V.BHARATHIDASAN, J.
and
J.NISHA BANU, J.
akv
ORDER MADE IN
W.P.(MD) No.9288 of 2021
23.08.2021
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