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2026 Supreme(Online)(Mad) 34733

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, Sunder Mohan, JJ
Aruna – Appellant
Versus
The Secretary to Government of Tamil Nadu Home Department (Prison-IV) – Respondent
WP Crl. No. 887 of 2026



Advocates:
For Petitioner(s): MS.S. Maroshini
For Respondent(s): Mr. R. Muniyapparaj Additional Public Prosecutor Assisted By Mr. M. Sylvester John

Prison authorities must process emergency leave representations under Tamil Nadu rules promptly if sufficient cause shown.

Headnote:Under Article 226 of the Constitution of India, the petitioner seeks a writ of mandamus directing prison authorities to grant 30 days ordinary leave without escort to the detenu under Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982. The convict had previously been granted escorted leave. The court treated the representation as one for emergency leave. The court directed authorities to dispose of the representation dated 23.03.2026 as seeking emergency leave in line with extant rules. The writ petition was disposed accordingly.

Table of Content
1. prayer for convict's ordinary leave without escort. (Para 2)
2. preliminary objection on prior escorted leave noted. (Para 3)
3. representation reclassified as emergency leave; dispose within 3 days. (Para 4)

2. The prayer in this Writ Petition is for issuance of a writ of mandamus directing the respondents to grant ordinary leave of 30 days without escort to the petitioner’s husband Somasundaram @ Somu, S/o Subramanian (convict), presently lodged in Central Prison, Puzhal. In this regard, she has given a representation on 23.03.2026.

3. Learned Additional Public Prosecutor raises a preliminary objection pointing out that the convict has just been granted 28 days leave with escort pursuant to an order dated 28.01.2026 in W.P.(Crl.) No.697 of 2025 between 01.02.2026 and 28.02.2026. However, he would accede to the position that despite the same, if sufficient cause is made out, in terms of Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982 , the convict may be granted emergency leave.

4. Hence, let representation dated 23.03.2026 be treated as a representation seeking emergency leave and the same be disposed by the authorities in line with the extant Rules , within a period of three (3) days from today and the orders communicated promptly to the petitioner and the convict.

5. This Writ Petition is disposed in terms of this order.

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