Madras High Court

Dhanalakshmi vs The Principal Secretary on 22 October, 2024

Author: C.V. Karthikeyan

Bench: C.V. Karthikeyan

                                                               W.P.(MD) Nos. 17768 and 18145 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 22.10.2024

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN
                                                     and
                                    THE HONOURABLE MS.JUSTICE R.POORNIMA

                                        W.P.(MD) Nos.17768 and 18145 of 2024

                W.P(MD) No.17768 of 2024

                Dhanalakshmi                                                      ... Petitioner

                                                        -vs-

                1. The Principal Secretary,
                   Home, Prohibition and Excise Department,
                   State of Tamil Nadu,
                   Government of Tamil Nadu
                   Fort St. George,
                   Chennai- 600 009.

                2. The Director General of Police/
                     Director General of Prisons
                   Correctional Services
                   C.M.D.A. Towers- II,
                   No.1, Gandhi Irwin Road,
                   Egmore, Chennai.

                3. The Deputy Inspector General of Prisons
                   Madurai Range, Madurai Central Prison Campus
                   New Jail Road, Madurai- 625 016

                4. The Superintendent of Prison
                   Madurai Central Prison
                   Madurai District 625 016                                       ....Respondents.

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                                                                   W.P.(MD) Nos. 17768 and 18145 of 2024




                PRAYER: Petition filed under Article 226 of the Constitution of India to issue
                a writ of Certiorarified Mandamus to call for the entire records relating to the
                impugned order passed by the third respondent in No.46/c.j.2/2024 dated
                05.01.2024 and to quash the same as illegal and consequently direct the third
                respondent herein to pass orders to grant 40 days ordinary leave without escort
                to the petitioner's husband by name Sridhar, son of Rasudevar, aged 53 years
                CP.No.5418 who is undergoing his life sentence for more than 17 years in the
                Central Prison, Madurai for availing better treatment in a private hospital on the
                basis of Rule 40 of the Tamil Nadu Suspension of Sentence Rules, 1982 in
                accordance with law within the time stipulated by this Court.


                                  For Petitioner    : Dr.R.Alagumani

                                  For Respondents   : Mr.A.Thiruvadi Kumar
                                                      Additional Public Prosecutor


                W.P(MD) No.18145 of 2024

                Marudambal                                                            ... Petitioner

                                                           -vs-

                1. The Principal Secretary,
                   Home, Prohibition and Excise Department,
                   State of Tamil Nadu,
                   Government of Tamil Nadu
                   Fort St. George,
                   Chennai- 600 009.

                2. The Director General of Police/
                     Director General of Prisons and Correctional Services

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                                                                   W.P.(MD) Nos. 17768 and 18145 of 2024


                    C.M.D.A. Towers- II,
                    No.1, Gandhi Irwin Road,
                    Egmore, Chennai.

                3. The Deputy Inspector General of Prisons
                   Madurai Range, Madurai Central Prison Campus
                   New Jail Road, Madurai- 625 016

                4. The Superintendent of Prison
                   Madurai Central Prison
                   Madurai District 625 016                                           ....Respondents.

                PRAYER: Petition filed under Article 226 of the Constitution of India to issue
                a writ of Certiorarified Mandamus to call for the entire records relating to the
                impugned order passed by the third respondent in No.45/c.j.2/2024 dated
                05.01.2024 and to quash the same as illegal and consequently direct the third
                respondent herein to pass orders to grant 40 days ordinary leave without escort
                to the petitioner's husband namely Kumar @ Palanikumar,S/o.Samayamuthu,
                Life convict Prisoner No.5216, aged about 53 years confining at Madurai
                Central Prison, Madurai to make arrangements for petitioener's daughter
                marriage to admit my son in an institution for pursue his higher education and
                to admit in a private hospital for undergoing better treatment on the basis of
                Rule 40 of the Tamil Nadu Suspension of Sentence Rules, 1982 in accordance
                with law within the time stipulated by this Court.


                                  For Petitioner    : Dr.R.Alagumani

                                  For Respondents   : Mr.A.Thiruvadi Kumar
                                                      Additional Public Prosecutor




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                                                                 W.P.(MD) Nos. 17768 and 18145 of 2024



                                              COMMONORDER

WP(MD) No.17768 of 2024 has been filed in the nature of Certiorarified

Mandamus seeking to set aside the order dated 05.01.2024 passed by the third

respondent, Deputy Inspector General of Prisons, Madurai Range, Madurai

Central Prison campus, Madurai and grant 40 days ordinary to the husband of

the petitioner namely Sridhar, S/o. Rasudevar aged about 53 years, Convict

Prisoner No. 5418 who is now confined at Central Prison, Madurai.

2. W.P(MD)No.18145 of 2024 had been filed in the nature of

Certiorarified Mandamus seeking to set aside the order dated 05.01.2024

passed by the third respondent, Deputy Inspector General of Prisons, Madurai

Range, Madurai Central Prison campus, Madurai and grant ordinary leave for

40 days to the husband of the petitioner namely Kumar @ Palanikumar,

S/o.Samayamuthu aged about 53 years, Convict Prisoner No. 5216 who is now

confined at Central Prison, Madurai.

3. Both the husband of the two petitioners had been convicted in S.C. No.

264 of 2005 by the learned Additional District and Sessions Judge, Fast Track

Court No.III, Coimbatore by judgment dated 31.03.2006 for offences

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W.P.(MD) Nos. 17768 and 18145 of 2024

punishable under sections 458,395 and 396 of IPC and sentenced to undergo

life imprisonment.

4. The husband of the writ petitioner in WP(MD) No.17768 of 2024

Sridhar is A6 in the sessions case. The husband of the Writ Petitioner in

W.P(MD) No.18145 of 2024, Kumar @ Palanikumar is A3 in the Sessions

Case.

5. It is contended on behalf of the respondents that both the convict

prisoners have availed leave on several earlier occasions. The reason now

sought for grant of leave is that the writ petitioner in WP(MD) No.17768 of

2024 has stated that the convict prisoner is suffering from heart problem and

requires treatment in a private hospital. It is also stated that he is maintaining

good conduct in the prison. It is further stated that he had been granted leave

on several occasions and he always surrendered on the stipulated day.

6. The writ petitioner in W.P(MD) No.18145 of 2024 had stated that her

daughter had completed B.A and is now pursuing law in Madurai and his

presence is required to make arrangements for the alliance. The presence of the

husband of the petitioner would be advantageous.

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W.P.(MD) Nos. 17768 and 18145 of 2024

7. It is contended by the learned counsel appearing for the petitioners in

both the cases that the Court may decide the date on which the leave is to be

granted and if the leave is granted both the convict prisoners would be take

advantage of the same by taking treatment and by arranging alliance to the

daughter of the petitioner respectively.

8. On perusal of the records it is seen that on an earlier occasion also

leave had been granted without escort. We have sought a report whether any

hostility prevails in that area and we are informed that as on date no such

report had come to the knowledge of the respondent.

9. Taking into consideration all the facts the impugned orders passed by

the third respondent dated 05.01.2024 is set aside and the writ petitions are

allowed. The convict prisoner namely in Sridhar S/o. Rasudevar, C.P. No.

5418 and Convict Prisoner namely Kumar @ Palanikumar, S/o.Samayamuthu.

C.P. No.5216 are granted ordinary leave for a period of 30 days effective from

05.11.2024 at 10.00 a.m., till 07.12.2024 @ 5.00 pm., During the interregnum

period the convict prisoners shall report before the Inspector of Police,

Subramaniyapuram Police Station daily at 10.30 am., without fail. Further

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W.P.(MD) Nos. 17768 and 18145 of 2024

during the leave period, the convict prisoner shall abide by all the conditions

prescribed in the Jail Manual.

                                                        [C.V.K., J.]     [R.P., J.]
                                                                  22.10.2024

                NCC      : Yes / No
                Index : Yes / No
                Internet : Yes / No
                aav

Note: Issue order copy on 28.10.2024

To:

1. The Principal Secretary, Home, Prohibition and Excise Department, State of Tamil Nadu, Government of Tamil Nadu Fort St. George, Chennai- 600 009.

2. The Director General of Police/ Director General of Prisons Correctional Services C.M.D.A. Towers- II, No.1, Gandhi Irwin Road, Egmore, Chennai.

3. The Deputy Inspector General of Prisons Madurai Range, Madurai Central Prison Campus New Jail Road, Madurai- 625 016

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W.P.(MD) Nos. 17768 and 18145 of 2024