Madras High Court
R.Rami vs The Chief Secretary To Government on 25 November, 2021
W.P.No.23109 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
AND
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
W.P.No.23109 of 2021
R.Rami
W/o.Rajendran ... Petitioner
Vs
1.The Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Chennai – 600 009.
2.The Director General of Police & I.G. of Prison,
Gandhi Irwin Road,
Egmore,
Chennai – 600 008.
3.The Superintendent of Prison,
Central Prison,
Vellore. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondents to grant 30 days
ordinary leave by considering the representation of the petitioner dated
1/6
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W.P.No.23109 of 2021
14.09.2021 and release her son namely Murali, S/o.Rajendran, aged 28
years, convict prisoner, now confined in the Central Prison, Vellore.
For Petitioner : Ms.S.Nadhiya
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
*****
ORDER
[Order of the Court was made by P.N.PRAKASH, J]
This Writ Petition has been filed seeking a direction to the
respondents to grant 30 days ordinary leave by considering the
representation of the petitioner dated 14.09.2021 and release the petitioner's
son namely Murali, S/o.Rajendran, aged 28 years, convict prisoner, who is
now confined in the Central Prison, Vellore.
2. It is the case of the petitioner that her son is a convict prisoner
[C.T.No.3269], who is presently lodged at Central Prison, Vellore. The
petitioner gave a leave application dated 14.09.2021 under the Tamil Nadu
Suspension of Sentence Rules, 1982, for grant of ordinary leave to her son
and thereafter, filed the present writ petition for a mandamus.
https://www.mhc.tn.gov.in/judis
W.P.No.23109 of 2021
3. During the pendency of the writ petition, the Deputy Inspector
General of Prisons, Vellore, has passed an order dated 17.11.2021, rejecting
the leave application on the ground that the Probation Officer and the
Inspector of police, Tirupathur Police Station, in whose jurisdiction the
convict prisoner is residing, have not recommended for ordinary leave as
they fear there could be retaliation. A copy of the rejection order was
furnished to the learned counsel for the petitioner. Instead of directing the
petitioner to file a fresh writ petition for a certiorarified mandamus, we
consider the rejection order dated 17.11.2021.
4. The learned counsel for the petitioner submitted that earlier the
convict prisoner had gone on emergency leave and had returned safely.
Learned counsel also submitted that the jail authorities could grant ordinary
leave for lesser days as the convict prisoner's mother is seriously ill.
5. The Probation Officer and the Inspector of Police have, in their
report, stated that if the convict prisoner visits Vengalapuram Village there is
likelihood of trouble resulting in law and order problem. However, learned
Additional Public Prosecutor submits that if the petitioner gives a leave
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W.P.No.23109 of 2021
application for staying in any other place within 50 kms. away from
Vengalapuram, the authorities can consider the same on merits.
6. We carefully heard the rival submissions.
7. Leave is not a matter of right and can be granted only if the
conditions specified in the rules are satisfied. When two authorities have
given an adverse report, this Court cannot sit in judgment over them and
substitute its own opinion. Hence, we do not find any good reason to
interfere with the order dated 17.11.2021.
Accordingly, this Writ Petition is closed for the present. It is always
open to the petitioner to file a fresh leave application with valid grounds and
seeking leave with escort for lesser days and agreeing to stay in a place 50
kms. away from Vengalapuram and on such application being given, the
same may be decided on merits. No costs.
[P.N.P., J] [R.H., J]
25.11.2021
Index : Yes/No
gm/mtl
https://www.mhc.tn.gov.in/judis
W.P.No.23109 of 2021
To
1.The Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai – 600 009.
2.The Director General of Police & I.G. of Prison,
Gandhi Irwin Road,
Egmore, Chennai – 600 008.
3.The Superintendent of Prison,
Central Prison, Vellore.
https://www.mhc.tn.gov.in/judis
W.P.No.23109 of 2021
P.N.PRAKASH, J
and
R.HEMALATHA, J
gm/mtl
W.P.No.23109 of 2021
25.11.2021
https://www.mhc.tn.gov.in/judis
