1. Petitioner seeks a writ of mandamus to direct authorities to grant her incarcerated spouse 21 days of ordinary leave without escort. (Para 1 )
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2026 Supreme(Online)(Mad) 105860
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Nirmal Kumar, N. Gunasekaran, JJ
Puliyandi – Appellant
Versus
The Deputy Inspector General – Respondent
WP Crl.(MD) No. 5735 of 2026
Important Points
The court directed the prison authorities to consider a representation for granting ordinary leave to a prisoner and pass orders on its merits in accordance with law within four weeks.
Subject
Criminal - Prisoner Rights
Act Referred
Headnote
(A) Writ of Mandamus - Prisoner's Leave - Consideration of Representation - When a representation is submitted seeking ordinary leave for an incarcerated person, the court may direct the respondents to consider the said representation and pass orders on merits in accordance with law within a stipulated timeframe. (Para 3)
Issues: Whether the respondents should be directed to consider the petitioner's representation for granting ordinary leave to the petitioner's husband.
Issues: Whether the respondents should be directed to consider the petitioner's representation for granting ordinary leave to the petitioner's husband.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Lakshmi Prasanna Komara, R. Vignesh
For the Respondents: G. Karuppasamy Pandian
For the Appellants/Petitioners: Lakshmi Prasanna Komara, R. Vignesh
For the Respondents: G. Karuppasamy Pandian
Table of Contents
2. The State submitted that the petitioner's representation is under active process and shall be considered in accordance with law within four weeks. (Para 2 )
3. The court noted the State's submission and determined that no adjudication on merits is required as the authority will consider the request within a fixed timeframe. (Para 3 )
4. Where the state undertakes to process a pending representation within a specified timeframe, no adjudication on the underlying merits is necessary. (Para 3 )
5. The petition is disposed of with a direction to the authorities to consider the representation and pass orders within four weeks. (Para 3 )
6. Can the court issue a mandate to decide upon a prisoner's leave representation?
Yes. When the state expresses that a representation for prisoner leave is currently being processed, the court may dispose of the petition by directing the competent authority to decide the representation on its merits within a specified timeframe. (Para 2 , 3 )
ORDER
(Order of the Court was made by M.Nirmal Kumar J.)
Prayer in this writ petition is for issuance of a writ of mandamus to direct the respondents No 1 and 2 to grant ordinary leave without escort for a period of 21 days to the Petitioner's husband namely Maruthan s/o Ayyavu {PID No. 266930) by considering the petitioner’s representation dated 21.09.2026,.
2. Today, when the matter was taken up for hearing, Mr.G.Karuppasamy Pandian, learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the representation of the petitioner dated 21.09.2026 is under process and the same will be considered by the respondents in accordance with law within a period of four weeks.
3. In view of the above submission of the learned Additional Public Prosecutor appearing for the respondents, without going into the merits of the matter, this writ petition is disposed of directing the respondents to consider the representation dated 21.09.2026 submitted by the petitioner and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.
