Lavanya v. The Government Of Tamil Nadu Rep. By Its Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2025
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition Criminal No.250 of 2025 & WPMP Crl.No.108 of 2025 Lavanya .. Petitioner Vs.
1.The Government of Tamil Nadu, Rep. by its Secretary to Government, Home (Prison IV) Department, Fort St. George, Chennai - 9.
2.The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai - 8.
3.The Superintendent of Central Prison, Vellore - 2 .. 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 of the third respondent in his proceedings made in No.E.1109607/Tha.Ku.3/2025 dated 14.06.2025 and quash the same and consequently, direct the respondents to grant 30 days leave to the petitioner's husband/detenue namely K.Senthil Kumar, Life Convict No.24027, detained at Central Prison, Vellore without police escort. 1/6
For Petitioner : Mr.D.Krishnamoorthy For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
O R D E R
M.S.RAMESH, J.
V.LAKSHMINARAYANAN, J.
This Writ Petition has been filed challenging the impugned order dated 14.06.2025 passed in No.E.1109607/Tha.Ku.3/2025 by the third respondent, rejecting the representation of the petitioner seeking grant of 30 days ordinary leave to her husband / life convict, on the ground that the life convict is not eligible for ordinary leave of 30 days as per Rule 21(b) of the Tamil Nadu Prison Manual Volume III. 2.It is submitted by the learned counsel for the petitioner that the petitioner is having two children, for whom the life convict has to arrange school fee. It is also submitted that the life convict has to apply and obtain Community certificates for the children and salary certificate of him, in order to submit the same to the school in which his children is studying. They have also decided to sell their property and hence, the petitioner seeks permission of the court to grant 2/6
ordinary leave to her husband to make arrangements for the same. Since the representation dated 09.06.2025 has been considered and rejected by the respondents, the petitioner has approached this court for grant of 30 days ordinary leave to her husband / life convict. 3.The learned Additional Public Prosecutor would submit that the above said prisoner was convicted and sentence under Section 392 I.P.C., and hence, ineligible for grant ordinary leave as per the Tamil Nadu Prison Manual Volume III Rule No.21(b). He has also produced a report from the Probation Officer dated 17.07.2025, which is in favour of the petitioner. The Probation Officer has stated in his report that the reasons assigned in the representation are genuine. 4.Since the report of the Probation Officer is in favour of the life convict, we are inclined to invoke the powers of this Court under Article 226 of the Constitution of India, for the purpose of directing the respondents to release the petitioner on ordinary leave without escort for a period of 21 days.
5.Accordingly, the impugned order passed by the third respondent No.E.1109607/Tha.Ku.3/2025 dated 14.06.2025, is hereby quashed. Consequently, there shall be a direction to the 3/6
respondents herein, to grant 21 days ordinary leave "without escort" to the petitioner's husband / life convict namely Senthil Kumar, son of Mr.Kasiviswanathan, aged about 43 years, Life Convict No.24027, detained at Central Prison, Vellore commencing from 30.08.2025 to 19.09.2025, with a condition that the life convict shall report before the jurisdictional Police i.e. Bagyam Police Station, Vellore, daily at 10.30 A.M. After expiry of the Ordinary Leave, the life convict shall surrender before the Jail Authority on 19.09.2025 before 05.30 P.M. The life convict shall utilize the leave only for the purpose for which it has been granted and shall not indulge in any other activities. 6.With the above direction, the Petition stands allowed. Consequently, the connected miscellaneous petition is closed. No costs.
(M.S.R., J) (V.L.N., J) 22.08.2025 nl Index : Yes / No Internet : Yes / No : Yes / No NOTE : Issue order copy on 29.08.2025.
To 1.The Government of Tamil Nadu, Rep. by its Secretary to Government, 4/6
Home (Prison IV) Department, Fort St. George, Chennai - 9.
2.The Additional Director General of Prisons, Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai - 8.
3.The Superintendent of Central Prison, Vellore - 2 4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
V.LAKSHMINARAYANAN, J.
nl 5/6
22.08.2025 6/6