Libertatem Magazine

Madras HC Disposes of Matter Requiring Issuance of the Writ of Mandamus

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A writ petition has been filed under 226 before the Madras High Court in the case of Anjalai Gandhi v. The Secretary to Government, Tamil Nadu, and Ors. The same was filed for the issuance of a Writ of Mandamus to direct the third respondent to grant seven days leave to the petitioner’s son by name Vijayakumar, son of Gandhi, a life convict from 07.08.2020 to 09.08.2020. This is for attending Eemakrigai rituals relating to the petitioner’s father. However, Justice Mr R. Pongiappan, after hearing, disposed of the matter of writ petition.

Facts of the Case

The petitioner’s husband, Gandhi, passed away on 23.05.2020. The life convict was allowed to leave on 24.05.2020 from 9 am to 10 am for the performance of the last rites. This was because the other siblings weren’t able to attend the same due to unforeseeable circumstances. The petitioner has decided to hold the ceremony of Uthirakiriyai for her husband. Hence, wants to get a leave from 07.08.2020 to 09.08.2020 for her son Vijaykumar, life convict.

Arguments of the Parties

The petitioner contended that the petitioner’s husband, Gandhi, passed away on 23.05.2020, and her son Vijaykumar, a life convict, was allowed to take part in his father’s last rights on 24.05.2020. The petitioner family has decided to hold the ceremony of Uthirakiriyai to her husband from 07.08.2020 to 09.08.2020. None of the other three children can do rituals for their father for a reasonable and justifiable reason. Hence, her plea, dated 27.07.2020, is to grant leave to her son, Vijaykumar, for three days, as mentioned above. This will enable him to take part in the Uthirakiriyai of his deceased father.

The respondents contended that the petitioner’s son could not claim the leave as he was already permitted to attend the last rites of his father. As per Rule 6 of Tamil Nadu Suspension of Sentence Rules, 1982, such leaves may only be granted in certain circumstances. Such circumstances are death, severe illness, or the wedding of certain relatives. 

Court’s Observation and Decision

On sympathetic and humanitarian grounds, the petitioner’s son is granted leave from 07.08.2020 to 08.08.2020. The condition is that Vijaykumar will, without any fail, report to the Inspector of Police, Kalayarkovil Police Station, Sivagangai District, daily at 10.00 am. The Court disposed of the petition. is now on Telegram. Follow us for regular legal updates and judgments from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

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