Madras High Court
Nagajothi vs The Secretary To Government on 2 September, 2024
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan, J.Sathya Narayana Prasad
W.P(MD) No.20884 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 02.09.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
and
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD) No.20884 of 2024
Nagajothi ... Petitioner
Vs
1. The Secretary to Government,
Home Department(Prison)
Government of Tamil Nadu, Secretariat,
Fort St George,
Chennai – 600 009.
2. The Additional Director General of Police (Prisons),
The Inspector General of Prisons,
Office of ADGP (Prisons) LG of Prison,
Thalamuthu Natarajar Maaligai
Egmore, Chennai-8
3. The Superintendent of Prisons,
Central Prison, Madurai ... Respondents
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 seven days emergency leave without escort to the
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W.P(MD) No.20884 of 2024
petitioner's husband namely Murugan, S/o.Ayyanar a life convict
prisoner No.6402) now confined at Central Prison, Madurai for the
purpose of attending 11th day rituals relating to petitioner son's death
from 02.09.2024 to 08.09.2024 by considering the petitioner's
representation dated 29.08.2024.
For Petitioner : Mr.AK.Azharsami
For Respondents : Mr.S.Ravi
Additional Public Prosecutor.
ORDER
The writ petition has been filed in the nature of a Mandamus
seeking a direction to the respondents to grant seven days emergency
leave without escort to the husband of the petitioner by name Murugan,
S/o.Ayyanar a life, who is a life convict in convict Prisoner No.6402,
Central Prison, Madurai, to attend the 11th day rituals of the son of the
petitioner on 02.09.2024 and further rituals.
2. The husband of the petitioner and the son of the petitioner
were both convicted for the offence under Section 302 of IPC in S.C. No.
96 of 2019 vide judgment dated 30.11.2023 by the Additional District
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(Fast Track Court) Theni. The son of the petitioner committed suicide in
the prison premises. To that extent the Superintendent of Prison,
Madurai, exercising his discretion had granted emergency leave to the
husband of the petitioner to perform the final rituals. This was by an
order dated 23.08.2024. Now the 11th day rituals falls today/02.09.2024
and the rituals will continue till 14th day till 05.09.2024.
3. Taking into consideration the circumstances in which the
petitioner is placed, we would convert the writ petition into writ of
certiorarified mandamus and quash the order dated 23.08.2024 passed by
the Superintendent of Prison, Madurai, whereby he rejected the
representation seeking leave.
4. We exercise our discretion and grant emergency leave to the
petitioner herein to attend the final rituals of his son from today
(02.09.2024) till 06.09.2024.
5. The respondent shall provide one escort who may be shadow
escort to watch over the petitioner and ensure that the husband does not
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abscond. The husband of the petitioner may sign at 5.30 pm., before the
Veerapandi Police Station, Theni District from 03.09.2024 to 06.09.2024
and surrender before the Superintendent of Prison, Central Prison,
Madurai on 07.09.2024 before 11.00 a.m., without fail.
6. With the above direction, the Writ Petition stands disposed of.
No costs.
(C.V.K., J.) (J.S.N.P, J.)
02.09.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
aav
Note: Issue order copy forthwith
To
1. The Secretary to Government,
Home Department(Prison)
Government of Tamil Nadu, Secretariat,
Fort St George,
Chennai – 600 009.
2. The Additional Director General of Police (Prisons),
The Inspector General of Prisons,
Office of ADGP (Prisons) LG of Prison,
https://www.mhc.tn.gov.in/judis
Thalamuthu Natarajar Maaligai
Egmore, Chennai-8
3. The Superintendent of Prisons,
Central Prison, Madurai
4. The Inspector of Police
Veerapandi Police Station,
Theni District
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.V.KARTHIKEYAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
aav
02.09.2024
https://www.mhc.tn.gov.in/judis
