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2025 Supreme(Online)(Mad) 67457

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Nirosha – Appellant
Versus
The Deputy Inspector General of Prisons – Respondent
W.P Crl. No. 1392 of 2025



Advocates:
For the Appellants/Petitioners: Ms.S., Nadhiya
For the Respondents: Mr.A.Gokulakrishnan, Additional Public Prosecutor

The court mandates consideration of a leave representation made by an incarcerated individual's spouse within a specified timeframe, emphasizing procedural fairness.

Headnote:This judgment concerns a Writ Petition under Article 226 of the Constitution of India, wherein the petitioner seeks a Writ of Mandamus for granting 21 days ordinary leave without escort for their spouse, currently imprisoned. The court observed that the representation made by the petitioner regarding this leave was yet to be considered by the respondents. The respondents acknowledged the need to review the petitioner's representation and committed to making a decision within two weeks. Hence, the court disposed of the writ petition instructing the respondents to assess the representation accordingly. The court ruled that there will be no order as to costs, concluding the matter with further obligations on the respondents.

Table of Content
1. nature of petition to grant leave. (Para 1 , 2)
2. court's disposal and directions. (Para 4)

For Petitioner : Ms.S.,Nadhiya For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor O R D E R (Order of the Court was made by N.SATHISH KUMAR, J.)

This writ petition has been filed seeking a direction to the respondents to grant 21 days ordinary leave without escort to the petitioner's husband Rajesh Kumar, S/o.Raj, aged about 43 years, PID No.382869, Convict Prisoner, who is presently undergoing sentence at Central Prison, Puzhal.

2. The learned counsel for petitioner submits that the convict prisoner's father and mother are suffering from ailments and hence, the petitioner sent a representation to the respondents to grant ordinary leave to her husband for making arrangement for the medical expenses, but the said representation is yet to be considered. Hence, the present writ petition. 3. The learned Additional Public Prosecutor appearing for the respondents submitted that the representation of the petitioner will be considered and orders will be passed within a period of two weeks.

4. In view of the above submission and in view of the limited prayer sought for in this writ petition, this writ petition is disposed of directing the respondents to consider the representation of the petitioner dated 10.10.2025 on it own merits and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

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