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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.ANAND VENKATESH, K.K.RAMAKRISHNAN
Rajammal – Appellant
Versus
Deputy Inspector General of Prisons, Madurai – Respondent
| Table of Content |
|---|
| 1. petitions seek mandamus for barred ordinary leave (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. review conflicting judgments on rule-bound leave grants (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. executive suspension limited during appeal pendency (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. leave constitutes suspension under section 432 rules (Para 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. latha decision per incuriam ignoring nanavati (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 6. full bench exceeded reference jurisdiction (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52) |
| 7. no mandamus against statutory ineligibility bars (Para 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64) |
| 8. writs dismissed for rule violations (Para 65 , 66) |
ORDER :
1. These petitions raise a common question as to whether a mandamus, under Article 226 of the Constitution, can be issued directing release of a convict prisoner on ordinary leave notwithstanding his ineligibility to avail such leave by virtue of Rule 21 of the Tamil Nadu Suspension of Sentence Rules, 1982.
2. W.P.Crl.(MD) No.1752 of 2026 has been filed challenging the impugned proceedings of the first respondent
No mandamus under Article 226 to grant ordinary leave to ineligible convicts under Tamil Nadu Suspension of Sentence Rules, 1982, as ordinary leave suspends sentence via subordinate legislation; cann....
The main legal point established in the judgment is that the State authorities cannot exercise their power to grant leave under the Tamil Nadu Suspension of Sentence Rules, 1982, when an appeal is pe....
Prisoners may receive ordinary or emergency leave during an appeal under the Tamil Nadu Suspension of Sentence Rules, provided they are not facing concurrent trials, with the Rules aimed at assisting....
The court concluded that the pendency of an appeal cannot serve as a basis for denying a prisoner's application for leave, clarifying the scope of the Tamil Nadu Suspension of Sentence Rules, 1982.
The central legal point established in the judgment is that Rule 35 of the Sentence Suspension Rules prohibits granting leave to a prisoner with a pending criminal case, and Rule 40 does not grant th....
The discretionary nature of granting ordinary leave to convict prisoners under the T.N. Suspension of Sentence Rules and the limitations of the court's jurisdiction in such matters.
The central legal point established in the judgment is that a convict prisoner facing trial cannot be granted leave, and the grant of remission or parole is a privilege available to the prisoner on f....
The central legal point established in the judgment is the court's constitutional power to relax rules, such as Rule 21(b) of the Tamil Nadu Suspension of Sentence Rules, 1982, in suitable cases.
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