Kousalya v. The Home Secretary,

Order (Order of the Court was made by Dr.Anita Sumanth, J.) We have heard Mr.N.Nagarjuna, learned counsel for petitioner and Mr.C.R.Malarvannan, learned Counsel for Government of Tamil Nadu (Criminal Side) for respondents.

¶2The petitioner has instituted this writ petition on behalf of her son Vivek, who is a life convict, confined in Central Prison I, Puzhal, Chennai. She is aggrieved by the rejection of leave sought for the convict.

¶3The reason for rejection is that the convict has not completed the mandatory period of three years as per Rule 21 of the Tamil Nadu Suspension of Sentence Rules, 1982.

¶4Since the period of three years is complete only on 23.08.2026, the impugned order is confirmed as there is no flaw therein. Let the representation for ordinary leave be re-considered expeditiously by respondents and orders passed within a week from today in accordance with the extant Rules and communicated within a day thereafter to the convict and his family.

¶5Since the learned counsel for petitioner states that the convict's father has passed away on 20.08.2026, we grant him two days emergency leave without escort to attend the connected ceremonies. The convict shall be released on 02.09.2026 at 10.00 am and shall surrender back to the Central Prison, Puzhal I, Chennai on 04.09.2026 before 10.00 am. The convict shall, on

03.09.2026, report before the J-4 Kotturpuram Police Station, Chennai at 10.30 a.m.

¶6This writ petition stands dismissed with liberty as above. No costs. Connected miscellaneous petition is closed. (A.S.M, J.) (S.M, J.) 24-08-2026 Index: Yes/No Speaking order ssm Note to Registry : Issue Today To

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

¶2The Director General of Prison and Correctional Services, Chennai-600 008.

¶3The Superintendent of Prison, Central Prison-I, Puzhal Chennai-600 066.

¶4The Inspector of Police, J4, Kotturpuram Police Station, Chennai.

¶5The Public Prosecutor, High Court, Madras.

DR.ANITA SUMANTH, J. AND

SUNDER MOHAN, J. ssm AND WPMP CRL. NO. 788 OF 2026 24-08-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-08-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN AND WPMP CRL. NO. 788 OF 2026 Kousalya W/o. Srinivasan, 'B' Block No.21, Chitra Nagar, Kotturpurm, Chennai-600 085. ..Petitioner(s) Vs 1. The Home Secretary, Home Department(Prison), Secretariat, Fort St.George, Chennai-600 009. 2. The Director General of Prison and Correctional Services, Chennai-600 008. 3. The Superintendent of Prison, Central Prison-I, Puzhal Chennai-600 066. ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 3rd respondent in No.72/Mu.C1/2026 dated 17.06.2026, quash the same and consequently direct the respondents to grant 21 days ordinary leave, or such other period as this Hon'ble Court considers appropriate, without escort, to teh petitioners son Vivek, S/o. Srinivasan, Convict Prisoner No.10205, PID No.372547, Confined at Central Prison-I, Puzhal, Chennai subject to such conditions as may be imposed by this Hon'ble Court, and thus render Justice. For Petitioner(s): Mr.N.Nagarjuna For Respondent(s): Mr.C.R.Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side)