Lavanya v. The Government Of Tamil Nadu Rep By Its, The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE S.SOUNTHAR Smt.S.Lavanya ... Petitioner -vs1. 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 Priso, Vellore-2.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to grant 15 days' ordinary leave without escort to the husband of the petitioner, namely, K.Senthil Kumar, Life Convict No.24027, detained in Central Prison, Vellore.

For Petitioner : Mr.D.Krishnamoorthy For Respondents : Mr.A.Gokulakrishnan Addl. Public Prosecutor

O R D E R

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(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the respondents to grant 15 days' ordinary leave without escort to the husband of the petitioner, namely, K.Senthil Kumar, Life Convict No.24027, detained in Central Prison, Vellore.

2. The case of the petitioner is that her husband, namely, K.Senthil Kumar, who is a Life Convict, was granted leave by this Court vide order dated 22.08.2025 with effect from 30.08.2025 to 19.09.2025 and her husband is supposed to surrender before the Prison Authorities today. She states that since her husband has to mobilize funds for her Ph.D studies and perform rituals for his ancestors during Mahalaya Amavasai, she seeks extension of leave for 15 days. The representation given in this regard has not been considered by the respondents and hence, she is before this Court.

3. Heard the learned counsel for the petitioner, learned Additional Public Prosecutor and perused the material documents available on record.

4. It is seen that the earlier request for leave was rejected by the respondents on 14.06.2025 on the ground that the Convict Prisoner was 2/4

convicted under Section 392 IPC, which does not entitle the grant of leave as per Rule 2(b) of the Tamil Nadu Prison Manual (Vol.III). Pursuant to the Court's intervention, the husband of the petitioner was permitted to go on leave, especially for arrangement of money to pay the school fees of the petitioner. While so, the request of the petitioner to extend leave for her husband for mobilization of funds for her Ph.D studies cannot be accepted and therefore, we are not inclined to extend the leave period to the husband of the petitioner / Convict Prisoner, as it will set a bad precedent for others to knock at the doors of this Court with similar requests and the ground for extension is also not appealing to this Court.

5. Accordingly, this Writ Petition is dismissed as devoid of merits. The detenue is directed to surrender before the Prison Authorities forthwith. No costs.

(J.N.B.J.,) (S.S,J.,) 19.09.2025 Index: Yes / No Internet: Yes / No ar J.NISHA BANU, J.

AND S.SOUNTHAR , J.

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To:

1. The Secretary to Government, Government of Tamil Nadu, 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 Priso, Vellore-2.

3. The Public Prosecutor, High Court, Madras.

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