K.Arputhajothi vs the Deputy Inspector General of Prisons

K.Arputhajothi vs The Deputy Inspector General of Prisons

Type Court Judgment Court Chennai Decided May 14, 2025

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Citation: sooperkanoon.com/1886102
Court: Chennai High Court
Judge: Honourable Mr Justice G. R. Swaminathan,Honourable Mr Justice V. Lakshminarayanan
Decided On: May 14, 2025
Case Number: WP/11936/2025

Parties & Advocates

Appellant / Petitioner

K.Arputhajothi

Respondent

The Deputy Inspector General of Prisons

Excerpt

.....additional public prosecutor *****order(judgment of the court was delivered by g.r.swaminathan,j.) heard both sides.2. the petitioner's husband is undergoing life sentence in centralprison-i, puzhal. his daughter's marriage is to be held on 28.05.2025. the petitioner seeks emergency leave for her husband. the petitioner's husband returned from his ordinary leave on 05.09.2024; since one year has not expired there from, he can be granted only emergency leave and not ordinary leave.3. taking into account the special facts and circumstances of the case,we direct the 1st respondent to grant 15 days emergency leave for the prisoner. he shall be let out from the prison at 10.00 a.m on 18.05.2025 and he shall return to the prison at 5.00 p.m on 01.06.2025. the prisoner shall be granted emergency leave without escort.4. the prisoner shall report before the sathankulam police station daily at 5.00 p.m. except on the date of wedding i.e., 28.05.2025. he shall not travel outside the thoothukudi district limits.5. since the petitioner had already exhausted his emergency leave for this year, he will not be entitled to seek emergency leave for this calender year.6. this writ petition is allowed accordingly. no costs. consequently, the connected miscellaneous petition is closed. (g.r.s., j.) (v.l.n., j.) jv/dsa 14.05.2025 index : yes / no neutral citation : yes / nospeaking order / non-speaking orderto:- 1.the deputy inspector general of prisons, chennai range, prison head quarters, whennels road, egmore, chennai - 600 008. 2.the superintendent of prisons, central prison - 1, puzhal, chennai - 600 066.g.r.swaminathan, j.andv.lakshminarayanan, j.jv/dsa 14.05.2025

Full Judgment

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.05.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.13503 of 2025 K.Arputhajothi ...Petitioner Vs. 1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whennels Road, Egmore, Chennai - 600 008. 2.The Superintendent of Prisons, Central Prison - 1, Puzhal, Chennai - 600 066. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records No.826964/Tha.Ku 2/2025 dated 20.03.2025 passed by respondent No.2, and quash the same and consequently direct the respondents to grant 30 days ordinary leave to the petitioner's husband Karmegam son of Muthu Subramaniyam, Ct. No.2434 (PID 183127), aged 60 years, Convict Prisoner No.2434, now confined in the Central Prison, Puzhal.
For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.P.Muniyapparaj, Additional Public Prosecutor *****

ORDER

(Judgment of the Court was delivered by G.R.SWAMINATHAN,J.) Heard both sides.

2. The petitioner's husband is undergoing life sentence in Central

Prison-I, Puzhal. His daughter's marriage is to be held on 28.05.2025. The petitioner seeks Emergency leave for her husband. The petitioner's husband returned from his ordinary leave on 05.09.2024; since one year has not expired there from, he can be granted only Emergency leave and not Ordinary leave.

3. Taking into account the special facts and circumstances of the case,

we direct the 1st respondent to grant 15 days Emergency leave for the prisoner. He shall be let out from the prison at 10.00 a.m on 18.05.2025 and he shall return to the prison at 5.00 p.m on 01.06.2025. The prisoner shall be granted Emergency leave without escort.

4. The prisoner shall report before the Sathankulam Police Station daily at 5.00 p.m. except on the date of wedding i.e., 28.05.2025. He shall not travel outside the Thoothukudi District limits.

5. Since the petitioner had already exhausted his emergency leave for this year, he will not be entitled to seek Emergency leave for this calender year.

6. This Writ Petition is allowed accordingly. No costs. Consequently, the connected miscellaneous petition is closed. (G.R.S., J.) (V.L.N., J.) jv/dsa 14.05.2025 Index : Yes / No Neutral Citation : Yes / No

Speaking order / Non-Speaking order

To:- 1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whennels Road, Egmore, Chennai - 600 008. 2.The Superintendent of Prisons, Central Prison - 1, Puzhal, Chennai - 600 066.

G.R.SWAMINATHAN, J.

and

V.LAKSHMINARAYANAN, J.

jv/dsa 14.05.2025

Same Court & Year Chennai · 2025 Same Parties K.Arputhajothi vs The Deputy Inspector General of Prisons Same Judge Honourable Mr Justice G. R. Swaminathan,Honourable Mr Justice...