M.Kalaiselvi v. The State of Tamilnadu

O R D E R [Order of the Court was made by N.ANAND VENKATESH, J.] This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents 1 and 2 to extend the Ordinary Leave granted to the petitioner's father, who is a life convict undergoing sentence in the Central Prison, Palayamkottai.

¶2Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

¶3In the considered view of this Court, the detenu has already availed the entire Ordinary Leave and the present petition has been filed to extend the period of Ordinary Leave. The right to avail Ordinary Leave or Emergency Leave is traceable to the Tamil Nadu Prison Manual. Hence, whatever has been prescribed under the Rules alone can be availed by the detenu. If the High Court starts creating exceptions considering the hard facts involved in a particular case, it will set a precedent for all cases in future and every detenu, who avails the entire period of Ordinary Leave or Emergency Leave, as the case may be, will approach the Court and seek extension of leave. We do not want to set such a precedent in this case. In the light of the above discussion, we do not find any ground to entertain the relief sought for by the petitioner. Accordingly, this Writ Petition is dismissed. No costs.

[N.A.V., J.] & [K.K.R.K., J.]

27.03.2026 NCC : Yes / No Index : Yes / No Indu To

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

2.The Deputy Inspector General of Prisons, Office of Deputy Inspector General of Prison Madurai Range, Campus of the Madurai Central Prison, Arasaradi, Madurai - 625 016.

3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District - 627 002.

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

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. N.ANANDoVENKATESH,oJ. AND K.K.RAMAKRISHNAN,oJ. Indu W.P.Crl.(MD).No.1753oofo2026

27.03.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.1753 of 2026 M.Kalaiselvi ...... Petitioner Vs. 1.The State of Tamilnadu, The Principal Secretary, Home (Prison-IV) Department, Chief Secretariat, St.George Fort, Chennai - 600 009. 2.The Deputy Inspector General of Prisons, Office of Deputy Inspector General of Prison Madurai Range, Campus of the Madurai Central Prison, Arasaradi, Madurai - 625 016. 3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District - 627 002. 4.The Inspector of Police, SIPCOT Police Station, Thoothukudi District. ...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, direct the respondents 1 and 2 for extension of ordinary leave granted to petitioner's father namely Murugesan S/o.Mariyappan (LCT No.4593) by this Court in W.P.Crl. (MD).No.993 of 2026 order dated 23.02.2026 by another 28 days to undergo further physiotherapy and rehabilitation to use artificial limbs and axiliary crutches, as petitioner's father underwent right leg amputation surgery due to the diabetes and varicose veins and major ulcer on 10.10.2025. For Petitioner : Mr.Dr.R.Alagumani For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor