S.Aruna v. The Government Of Tamilnadu Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M. JOTHIRAMAN Mrs.A.Aruna ... 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 nd Floor, Gandhi Irwin Road Egmore, Chennai - 8

3. The Superintendent of Central Prisons Central Prison-I (Convict) Puzhal, Chennai - 66 ... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for entire records pertaining to the order of 3 rd respondent dated 18.08.2025 and quash the same as illegal and to grant an ordinary/emergency leave of 30 days without escort to the husband of petitioner/life convict No.[PID No.2710]571, namely Somu @ Somasundaran in order to undergo surgery for removal of uterus to petitioner.

For Petitioner : Mr.D.Krishnamoorthy For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

(Order of the Court was made by N. SATHISH KUMAR, J.) This writ petition has been filed seeking to quash the order passed by the 3 rd respondent dated 18.08.2025 rejecting the ordinary/emergency leave of 30 days sought for by the petitioner for her husband namely Somu @

Somasundaram, Life convict No.571 [PID No.2710] and to grant an ordinary/emergency leave of 30 days without escort to the husband of petitioner/life convict.

2. The petitioner states that she is suffering from various ailments and has been advised to undergo surgery for uterus removal and hence, a representation was sent to the authorities seeking 30 days leave, but the same has been rejected stating that there are pending cases against the convict prisoner. Hence, the present writ petition has been filed.

3. The learned counsel for the petitioner submits that the convict prisoner has completed more than 15 years of sentence and hence, the leave may be granted as the petitioner has to undergo surgery for uterus removal.

4. The learned Additional Public Prosecutor submitted that as per

Tamil Nadu Suspension of Sentence Rules, a convict prisoner is not entitled for leave when there are pending cases and only based on the Rules, the petitioner's request was rejected.

5. We have perused the medical records placed before this Court. It is seen that the petitioner is suffering from various ailments and has been advised to undergo uterus removal. Hence, we are inclined to grant 30 days ordinary leave to the convict prisoner.

6. Accordingly, the impugned order passed by the third respondent dated 18.08.2025 is set aside and we direct the respondents to release the convict prisoner namely, Somu @ Somasundaram, Life Convict No.571 [PID No.2710], S/o.Subramanian, confined in the Central Prison, Puzhal, Chennai for 30 days from 21.11.2025 to 20.12.2025 with escort, subject to the usual / other conditions that may be imposed by the respondents. The

convict prisoner shall be released from the prison at 10.00 a.m. on 21.11.2025 and he shall return back to the prison on or before 10.00 a.m. on 21.12.2025. The expenses for the Escort shall be paid by the petitioner in advance.

6. With the above direction, this writ petition stands allowed. There shall be no order as to costs.

(N.S.K., J.) (M.J.R., J.) 19.11.2025 Internet : Yes/No Index : Yes / No Speaking Order / Nonspeaking order gpa Note: Issue order copy on 20.11.2025

To

1. The Secretary to Government Home [Prison IV] Department Fort St.George Chennai -9

2. The Additional Director General of Prisons Thalamuthu Natarajan Maaligai nd Floor, Gandhi Irwin Road Egmore, Chennai - 8

3. The Superintendent of Central Prisons Central Prison-I (Convict) Puzhal, Chennai - 66

4. The Public Prosecutor Madras High Court Chennai

N. SATHISH KUMAR, J.

and M. JOTHIRAMAN, J.

gpa 19.11.2025