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Madras High CourtWP Crl.(MD)/3405/2026

P.Velammal v. The Home Secretary, Government Of Tamil Nadu

2026-06-24Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMKRISHNAN W.P.Crl.(MD).No.3405 of 2026 P.Velammal .......

Petitioner Vs.

1.The Home Secretary, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai.

3.The Superintendent of Prison, Central Prison, Palayamkottai.

4.The Inspector of Police, Kuttalam Police Station, Tirunelveli District.

...... Respondents

Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in no.463/Utha.2/2026 dated 05.05.2026 issued by the second respondent, quash the same and consequently direct the third respondent to grant 28 days ordinary leave without escort to the petitioner's son, Pandaram s/o. Paramasivan, aged 28, bearing PID No. 374704, who is currently lodged at Central Prison, Palayamkottai. For Petitioner : Ms.M.Nandhini For Respondents : Mr.T.Lenin Kumar, Counsel for the State of Tamil Nadu (Criminal Side)

O R D E R

[Order of the Court was made by N.ANAND VENKATESH, J.] This writ petition has been filed challenging the impugned proceedings of the second respondent made in No.463/Utha.2/2026 dated 05.05.2026 and for a consequential direction to the respondents to grant 21 days ordinary leave without escort to the petitioner's son, who is a life convict, presently serving sentence at Central Prison, Palayamkottai.

2. Heard the learned counsel on either side.

3. The petitioner is a life convict, presently serving sentence at Central Prison, Palayamkottai. The petitioner made a representation seeking for 28 days ordinary leave on the ground that she is suffering from medical complications and she requires the physical and emotional support of her son. That apart financial arrangements must also be made to renovate the house. The above representation made by the petitioner came to be rejected by the second respondent through the impugned proceedings dated 05.05.2026 on the ground that the Probation Officer has not recommended for the grant of ordinary leave. It is under these circumstances, the present writ petition has been filed before this Court.

4. The learned counsel for the State of Tamil Nadu (Criminal Side) on instructions submitted that the convict till date has undergone sentence of 4 years, 5 months and 23 days and till now, the convict has not availed either ordinary leave or emergency leave.

5. Taking into consideration the submissions made on either side and the reason for which the ordinary leave has been sought for, we are inclined to interfere with the impugned proceedings of the second respondent dated 05.05.2026 and accordingly, the same is hereby quashed. There shall be a direction to the second respondent to grant 21 days ordinary leave subject to the condition that the convict will report before the fourth respondent daily at 05.00 p.m., during the entire period of ordinary leave. The sureties will be furnished by the convict before the Jail Authorities.

6. This writ petition (Criminal) is disposed of in the above terms. [N.A.V., J.] & [K.K.R.K., J.] 24.06.2026 NCC : Yes / No Index : Yes / No TSG Copy to 1.The Home Secretary, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai.

3.The Superintendent of Prison, Central Prison, Palayamkottai.

4.The Inspector of Police, Kuttalam Police Station, Tirunelveli District.

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

N.ANAND VENKATESH , J.

AND K.K.RAMKRISHNAN, J .

TSG W.P.Crl.(MD).No.3405 of 2026 24.06.2026