Suba v. The State Of Tamilnadu, Rep By The Superintendent Of Prison, Central Prison At Palayamkottai,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2025

CORAM:

THE HONOURABLE MR JUSTICE P.VELMURUGAN AND THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI Suba ... Petitioner /Vs./ 1.The Superintendent of Prison, Central Prison at Palayamkottai, Tirunelveli.

2.The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli.

... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order No.1001/Utha.2/2025 dated 29.09.2025, quash the same as illegal, and consequently direct the first respondent to grant 30 days of ordinary leave to the petitioner's husband, Sree Rengarajan S/o.Narayanan, aged 47 years (PID No.179574). For Petitioner : Mr.A.Manoj Kumar For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor 1/4

ORDER

(Order of the Court was made by P.VELMURUGAN, J.) Challenging the order passed by the first respondent dated 26.09.2025 rejecting the petitioner's application for leave, the petitioner has filed the present writ petition.

2.The learned counsel for the petitioner submits that the wife of the petitioner/prisoner is suffered with some gynecological ailments and therefore, the presence of the petitioner is absolutely necessary. However, the authorities without considering the same rejected the application of the petitioner.

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that already the prisoner availed leave even in the current year, 2025 and the cooling period is yet to be completed and hence, the petitioner, as per the jail manual is not entitled to avail any leave. Therefore, the first respondent dismissed the application of the petitioner.

4.Heard the submissions made on either side and perused the materials placed on record.

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5.It is not in dispute that the petitioner is presently serving his sentence and he has already obtained leave in the current year. In accordance with the provisions of the jail manual, the cooling-off period to avail leave afresh is yet to complete. Hence, the application of the petitioner has rightly been rejected by the authorities and the same does not warrant interference from this Court.

6.Accordingly, this writ petition is dismissed. [P.V.J.,] & [L.V.G.J.,] 04.11.2025 NCC :Yes/No Index :Yes/No Internet :Yes ta To 1.The Superintendent of Prison, Central Prison at Palayamkottai, Tirunelveli.

2.The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli.

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

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P.VELMURUGAN.,J.

AND L.VICTORIA GOWRI.,J.

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