Suman v. The Principal Secretary to Government,

Order (Order of the Court was made by Dr.Anita Sumanth, J.) Petitioner has sought a mandamus seeking a direction to the fourth respondent to grant leave to him to attend the ceremonies in connection with the demise of his father. It appears that the request has in fact been rejected by order dated 13.08.2026, which is placed in the compilation.

¶2As rightly stated by Mr.Malarvannan, there is no provision in Rule 6 to grant Emergency Leave for any circumstances beyond what is adumberated therein. Hence grant of Emergency Leave for the purpose of attending subsequent ceremonies in connection with the demise of the father would not arise.

¶3However, we see from the proforma placed before us that the petitioner has been undergoing incarceration for a period 3 years 6 months and 4 days as on date. He has not availed any leave thus far.

¶4Since learned counsel for petitioner states that he had not attended the death ceremony of his father, since he was unaware of his demise, we believe that this is an appropriate case to permit him to go on Ordinary Leave but with escort.

¶5Mandamus is thus issued directing the fourth respondent to permit the petitioner to avail Ordinary Leave of 7 days with escort commencing

22.08.2026, though on the following conditions:

(i) Respondents are directed to release the Convict Prisoner viz., Suman, S/o. Thalaiah, confined in Central Prison-1, Puzhal, Chennai on Ordinary Leave for a period of 7 days i.e., from 22.08.2026 to 28.08.2026 with escort.

(ii) The Convict Prisoner shall be released on

22.08.2026 at 10.00 am and he shall surrender before the Central Prison-1, Puzhal, Chennai on 29.08.2026 before

10.00 a.m.

(iii) The Convict Prisoner shall utilize the leave only for the ground on which it has been granted and shall not indulge in any other activities.

¶6This writ petition stands allowed in terms of this order. No costs. (A.S.M, J.) (S.M, J.) 21-08-2026 Index: Yes/No Speaking order ssm Note to Registry : Issue Today To

¶1The Principal Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St George Fort, Chennai.

¶2The Director General of Prison and Correctional Service, Whannels Road, Egmore, Chennai.

¶3The Inspector of General Prison and Correctional Service, Whannels Road, Egmore, Chennai.

¶4The Superintendent of Prison, Central Prison - I, Puzhal, Chennai.

¶5The Public Prosecutor, High Court, Madras.

DR.ANITA SUMANTH, J. AND

SUNDER MOHAN, J. ssm 21-08-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-08-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Suman S/o. Thalaiah, Harijana Veethi, Pindruvada, Bhagiradhpuram, Srikakulam, Andhrapradesh. Now Confined in Central prison, Puzhal, Chennai. ..Petitioner(s) Vs 1. The Principal Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St George Fort, Chennai. 2. The Director General of Prison and Correctional Service, Whannels Road, Egmore, Chennai. 3. The Inspector of General Prison and Correctional Service, Whannels Road, Egmore, Chennai. 4. The Superintendent of Prison, Central Prison, Puzhal, Chennai. ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a Writ, or direction or order or orders more particularly in the nature of Writ of Mandamus directing the directing 4th Respondent to grant leave to the detenu Suman, S/o. Thalaiah, now confined in Central Prison-1, Puzhal, Chennai to attend the post death memorial ceremony of his deceased father by considering his representation dated 12.08.2026. For Petitioner(s): Mr.D.Muralidharan for M/s. Murali Law Firm For Respondent(s): Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side)