Nattardevi v. The Home Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2538 of 2026 Nattardevi ......

Petitioner Vs.

1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai - 600 009.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai - 625 001.

3.The Superintendent of Prison, Central Prison, Palayamkottai - 627 007.

4.The Inspector of Police, Erel Police Station, Thoothukudi District.

...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to grant 21 days ordinary leave without escort to the petitioner's father Gunasekara Pandian, S/o.Arunachala Nadar, PID No.413343, Aged 80, Convict

Prisoner, confined at Central Prison, Palayamkottai. For Petitioner : Mr.P.M.Basil For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by N.ANAND VENKATESH, J.] This Writ Petition has been filed for issue of a Writ of Mandamus, directing the third respondent to consider the representation made by the petitioner dated 21.04.2026, wherein the petitioner has sought for grant of ordinary leave for her father, who is serving sentence at Central Prison, Palayamkottai.

2. When the matter was taken up for hearing today, the learned Additional Public Prosecutor produced a copy of the proceedings dated 29.04.2026 issued by the second respondent. It is seen that the representation has been rejected on the ground that the convict has not satisfied the minimum period required for granting ordinary leave. The learned Additional Public Prosecutor, on instructions, submitted that the convict has undergone sentence for 2 years, 10 months and 28 days.

Therefore, he is not entitled for grant of ordinary leave.

3. We do not find any ground to interfere with the impugned proceedings of the second respondent and the same is perfectly in line with the Tamil Nadu Suspension of Sentence Rules, 1982. In view of the same, it will be left open to the petitioner to submit a fresh representation seeking for emergency leave if a nee so arises. If any emergency leave is sought for by the petitioner, the same will be considered by the second respondent on its own merits and in accordance with law.

4. This Writ Petition is disposed of in the above terms. No costs. [N.A.V., J.] & [K.K.R.K., J.] 30.04.2026 NCC : Yes / No Index : Yes / No Indu

To 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St. George, Chennai - 600 009.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai - 625 001.

3.The Superintendent of Prison, Central Prison, Palayamkottai - 627 007.

4.The Inspector of Police, Erel Police Station, Thoothukudi District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

N.ANAND VENKATESH, J.

AND K.K.RAMAKRISHNAN, J.

Indu W.P.Crl.(MD).No.2538 of 2026 30.04.2026