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2026 Supreme(Online)(Mad) 41526

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, K.K. Ramakrishnan, JJ
Nattardevi – Appellant
Versus
The Home Secretary – Respondent
W.P.Crl.(MD).No.2538 of 2026



Advocates:
For the Appellants/Petitioners: Mr.P.M.Basil
For the Respondents: Mr.A.Thiruvadi Kumar

A convict must satisfy the prescribed minimum sentence period for ordinary leave; court may allow reconsideration for emergency leave under the Rules.

Headnote:Writ of Mandamus sought under Art. 226 to direct grant of 21 days ordinary leave under Tamil Nadu Suspension of Sentence Rules, 1982 to aged convict prisoner who had completed 2 years 10 months 28 days of sentence. The second respondent rejected the representation on the ground that the convict had not served the minimum period prescribed under the Rules. Court held the impugned proceedings are in line with the Rules and left it open to the petitioner to seek emergency leave if occasion arises. Court observed that emergency leave, if sought, would be considered on merits and in accordance with law.

Table of Content
1. ordinary leave requires minimum sentence period; emergency leave may be considered (Para 1 , 2 , 3)

[Order of the Court was made by N.ANAND VENKATESH, J.]

This Writ Petition has been filed for issue of a Writ of Mandamus, directing the third respondent to consider the representation made by the petitioner dated 21.04.2026, wherein the petitioner has sought for grant of ordinary leave for her father, who is serving sentence at Central Prison, Palayamkottai.

2. When the matter was taken up for hearing today, the learned Additional Public Prosecutor produced a copy of the proceedings dated 29.04.2026 issued by the second respondent. It is seen that the representation has been rejected on the ground that the convict has not satisfied the minimum period required for granting ordinary leave. The learned Additional Public Prosecutor, on instructions, submitted that the convict has undergone sentence for 2 years, 10 months and 28 days.

Therefore, he is not entitled for grant of ordinary leave.

3. We do not find any ground to interfere with the impugned proceedings of the second respondent and the same is perfectly in line with the Tamil Nadu Suspension of Sentence Rules, 1982. In view of the same, it will be left open to the petitioner to submit a fresh representation seeking for emergency leave if a nee so arises. If any emergency leave is sought for by the petitioner, the same will be considered by the second respondent on its own merits and in accordance with law.

4. This Writ Petition is disposed of in the above terms. No costs.

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