S. Vaidyanathan, J.

The Petitioner, who is the father of the life convict viz., Mangalanathadurai, has come forward with this Writ Petition, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in Letter No. 10605/R.4/2015, dated 04.08.2015, passed by the 2nd respondent and quash the same and consequently, direct the respondents to grant 20 days leave (Parole) to the petitioner's son viz., Mangalanathadurai, who is undergoing sentence, as life convict, in Central Prison, Trichy, to make arrangements for providing necessary medical treatment to his mother viz., Poomayil.

2. Mr. P.T. Ramesh Raja, learned counsel appearing for the petitioner would submit that the petitioner's son was arrayed as an accused in Crime No. 635 of 1998, on the file of Inspector of Police, Sivagangai and he has been convicted for life sentence in S.C. No. 97 of 1999, which was confirmed in C.A. No. 823 of 2002. Against which, he preferred an appeal in Crl.A. No. 627 of 2012, before the Hon'ble Apex Court and the same is pending. Adding further, the learned counsel would submit that, since the petitioner's wife is under ailment, the presence of the petitioner's son is very much needed to give a proper treatment to the petitioner's wife, since the petitioner is aged about 72 years. Therefore, the petitioner made a representation on 30.05.2015, to the Superintendent of Prison, Central Prison, Trichy, to grant leave parole for 20 days, to his son viz., Mangalanathadurai, to enable him to make arrangements for his wife's treatment. However, the 2nd respondent without considering the same, has rejected the representation of the petitioner. The learned Counsel, in support of his contention, has relied on Rule Nos. 5 to 13 of the Tamil Nadu Suspension of Sentence Rules, which read as follows:

"5. Kinds of Leave:

Leave shall be of two kinds, namely, emergency leave and ordinary leave.

6. Grounds for the grant of emergency leave:

Emergency leave may be granted for attending death or serious illness of father, mother, wife, husband, son, daughter, full brother or full sister or the wedding of son, daughter, full brother or full sister of the prisoner and for having delivery outside the prison in case of female pregnant prisoners.

7. Eligibility for emergency leave:

No emergency leave shall be granted to a prisoner unless:-

(i) he has been sentenced by a Court in this State to imprisonment for a term or imprisonment for life for an offence against any law other than a law relating to a matter to which the executive power of the Union Government extends;

(ii) his conduct in prison has been satisfactory.

(iii) female pregnant prisoner for having delivery outside the prison provided who are not constituting high security risks or of cases of equivalent grave descriptions.

8. Mode of Request:

The petition containing the request for the grant of emergency leave shall be submitted to the Superintendent by the prisoner or by a relative of the said prisoner.

9. Certificate of correctness to accompany the petition:

The petition shall be accompanied by a certificate in support of the serious illness or the funeral or the proposed wedding obtained from the Village Administrative Officer or Doctor or Member of the Legislature or Member of the Parliament or Chairman of the Municipal Council or President of a Panchayat or Revenue Inspector or Tahsildar or Deputy Tahsildar or Sub-Inspector of Police or the Probation Officer having Jurisdiction or from any responsible Officer having jurisdiction subject to verification as prescribed in rule 11.

* "In case of female pregnant prisoners, for having the delivery outside the prison, the Prison Medical Officer or Assistant Surgeon shall give medical certificate/report to the effect of pregnancy along with the probable date of delivery, to the Superintendent of Prisons concerned, for grant of emergency leave";

10. Authority who may grant emergency leave:

The Superintendent of Prison sha