Madras High Court
Lakshmipriya vs The State on 24 February, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
W.P(MD)No.2006 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.02.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MS JUSTICE R.POORNIMA
W.P(MD)No.2006 of 2025
Lakshmipriya ... Petitioner
.Vs.
1.The State, represented by its
Principal Secretary to Government,
Home, Prohibition&Excise(Prison-IV) Department,
Fort St.George, Chennai – 600 009.
2.The Director General of Prisons and Correctional Services,
Office of the Tamil Nadu Prisons Headquarters,
Whannels Road,
Egmore, Chennai- 600 008.
3.The Deputy Inspector General of Prisons,
Madurai Range,
Central Prison Campus,
Madurai – 625 016.
4.The Superintendent of Prisons,
Central Prison,
Madurai – 625 016.
1/7
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W.P(MD)No.2006 of 2025
5.The Commissioner of Police,
City Police Office,
Pudukkottai Main Road,
Trichy – 620 020. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court for issuance of a Writ of Certiorarified
Mandamus calling for the records relating to the impugned order
passed by the third respondent vide his proceedings in No.
939/Vu.Tha.2/2024, dated 22.12.2024 and to quash the same as
illegal and void and consequently to grant 21 days ordinary leave
without Police Escort to the Petitioner’s husband Mareeswaran,
son of Kalimuthu(C.P.No.1259-P.I.D.No.282607)confined at
Central Prison, Madurai forthwith considering her representation,
dated 25.11.2024.
For Petitioner : Mr.C.Karthikeyan
For Respondents : Mr.A.Thiruvdi Kumar
1 to 5 Addl. Public Prosecutor
ORDER
DR.G.JAYACHANDRAN., J
AND
R.POORNIMA.,J
The Writ Petition is filed seeking 21 days ordinary leave for the
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husband of the Petitioner who is convicted for the offence under Section
8(c) r/w Section 20(b)(ii)(C) of NDPS Act stating that the Petitioner is
suffering from Appendix and the last child of the convict, the appellant
when he was in prison as under trial prisoner needs pampering.
2.Heard the learned counsel appearing on either side and perused
the materials placed before this Court.
3.The learned Additional Public Prosecutor appearing for the
respondents 1 to 5/State states that in the light of Rule 21(h)(3) of the
Tamil Nadu Prison Rules as amended, convict under NDPS offence are
not entitled for ordinary leave. Further the same is subject to Rule 40 of
the above Rules, whether the Government in its discretion can exempt
the application of Rule in case of necessity. As far as this case is
concerned, the convict been convicted under Section 8(c) r/w Section
20(b)(ii)(C) of NDPS Act and sentenced to undergo rigorous
imprisonment for 10 years and he has completed less than 3 years as
convict and even his pre-conviction imprisonment is taken into account.
It is only 4 years and four months and 15 days and therefore, there is no
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reason or justification to invoke the inherent power under Rule 40 of the
Tamil Nadu Prison Rules
4.The learned counsel for the Petitioner states that there cannot be
any discretion between the convicts based on the offence. Ordinary leave
is fundamental right of convict subject to the satisfaction of the above
Rule. The convicts cannot be discriminated any further except the term
and imprisonment.
5.This Court is of the view that if at all any challenge to Rule 21(h)
to be made, decide the matter in the manner known to law and proper
decision will be taken by the Court. In the instant case, reason stated for
ordinary leave per se does not satisfy the requirement besides the power
under Rule 21(h)(3) of the Tamil Nadu Prison Rules.
6.Therefore the Writ Petition stands dismissed. However it is open
to the Petitioner herein to seek for emergency leave with necessary
documents and if they are satisfactory, the authority shall consider the
same as per the Rules. No costs.
[G.J.,J.] [R.P.,J.]
https://www.mhc.tn.gov.in/judis
24.02.2025
NCS : Yes/No
Index : Yes / No
Internet : Yes / No
vsn
To
1.The Principal Secretary to Government,
Home, Prohibition&Excise(Prison-IV) Department,
Fort St.George,Chennai – 600 009.
2.The Director General of Prisons and Correctional Services,
Office of the Tamil Nadu Prisons Headquarters,
Whannels Road,
Egmore, Chennai- 600 008.
3.The Deputy Inspector General of Prisons,
Madurai Range,
Central Prison Campus,
Madurai – 625 016.
4.The Superintendent of Prisons,
Central Prison,
Madurai – 625 016.
5.The Commissioner of Police,
City Police Office,
Pudukkottai Main Road,
Trichy – 620 020.
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Copy to
The Additional Public prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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DR.G.JAYACHANDRAN, J.
and
R.POORNIMA ,J.
vsn
JUDGMENT MADE IN
24.02.2024
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