THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2026

CORAM

THE HONOURABLE MR JUSTICE P.VELMURUGAN

AND

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

W.P.Crl.Nos.56 & 60 of 2026

P. Suganthi

W/o.Late Prabakaran,

No.9, Kalaingar Nagar, Cutcheri Road,

Mailaduthurai Taluk, Mailaduthurai District.

Appellant(s) in W.P.Crl.No.56 of 2026

K.Rajathi

W/o Kathiravan,

No.49/50, Kalaingar Nagar, Cutcheri Road,

Mailaduthruai Taluk, Mailaduthurai District.

Appellant(s) in W.P.Crl.No.60 of 2026

Vs

1.The Director General of Prisons,

O/o. Director General of Prison, Whannels Road,

Egmore, Chennai - 600 008.

2.The Deputy Inspector General of Prison,

O/o.Deputy Inspector General of Prison, Vellore Circle,

Central Prison, Vellore, Vellore District.

3.The Superintendent of Prison, Central Prison, Cuddalore, Cuddalore District.

Respondent(s) in both petitions Prayer in W.P.Crl.No.56 of 2026: Writ Petition (Criminal) filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to grant 3 days emergency leave with escort to the petitioner’s son-Life Convict Dhivakar, S/o.Prabakaran, PID.No.445203, now confined in the Central Prison, Cuddalore, third respondent herein, for the purpose of “performing the ritual in 16^th day of the deceased father” in pursuant to the petitioner’s representation dated 02.01.2026.

Prayer in W.P.Crl.No.60 of 2026: Writ Petition (Criminal) filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to grant 3 days emergency leave with escort to petitioner’s husband-Life Convict Kathiravan, S/o.Devadoss, PID.No.443998, now confined in the Central Prison, Cuddalore, third respondent herein, for the purpose of “performing the ritual in 16^th day of the deceased brother” in pursuant to petitioner representation dated 02.01.2026.

For Petitioner(s)

in both petitions : Mr.P.Muthamizhselvakumar For Respondent(s)

in both petitions : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

COMMON ORDER

(made by P.VELMURUGAN, J.)

While W.P.Crl.No.56 of 2026 has been filed to issue direction to the respondents to grant 3 days emergency leave with escort to the petitioner’s son-Life Convict Dhivakar, S/o.Prabakaran, PID.No.445203, now confined in the Central Prison, Cuddalore, third respondent herein, for the purpose of “performing the ritual in 16^th day of the deceased father” in pursuant to the petitioner’s representation dated 02.01.2026, W.P.Crl.No.60 of 2026 has been filed to issue direction to the respondents to grant 3 days emergency leave with escort to petitioner’s husband-Life Convict Kathiravan, S/o.Devadoss, PID.No.443998, now confined in the Central Prison, Cuddalore, third respondent herein, for the purpose of “performing the ritual in 16^th day of the deceased brother” in pursuant to petitioner’s representation dated 02.01.2026.

2. It is the case of the petitioner in W.P.Crl.No.56 of 2026 that she is the mother of the convict prisoner viz. Dhivakar, S/o.Prabakaran, PID.No.445203, detained at the Central Prison, Cuddalore; her husband Prabakaran died on 28.12.2025 due to brain stroke, pursuant to which, her son (convict prisoner) was granted one day emergency leave on 28.12.2025 to do the funerals rites; now, the 16^th day ceremony of her husband is decided to be held between 11.01.2026 to 13.01.2026 and therefore, she gave a representation to the respondents on 02.01.2026 seeking three days emergency leave for her son; since no action has been taken by the respondents, she has filed the present writ petition.

3. It is the case of the petitioner in W.P.Crl.No.60 of 2026 that she is the wife of the convict prisoner viz. Kathiravan, S/o.Devadoss, PID.No.443998, detained at the Central Prison, Cuddalore; her husband’s brother Prabakaran died on 28.12.2025 due to brain stroke, pursuant to which, her husband (convict prisoner) was granted one day emergency leave on 28.12.2025 to do the funerals rites; now, the 16^th day ceremony of her brother-in-law is decid