[Cites 2, Cited by 0]
Madras High Court
Kavitha vs The Secretary To Government Of Tamil ... on 27 February, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Crl.(MD) No.1232 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
W.P.Crl.(MD) No.1232 of 2026
and
WMP.Crl.(MD) No.310 of 2026
Kavitha ... Petitioner
-vs-
1. The Secretary to Government of Tamil Nadu
Home ( Prison-IV) Department
The Secretariat of Tamil Nadu
Chennai- 9
2. The Director Inspector of General of Prisons
Madurai Range, Madurai Central Prison Campus
New Jail Road, Madurai
3. The Superintendent of Prison
Central Prison, Palayamkottai
Palayamkottai
4. The Superintendent of Police
O/o. The Superintendent of Police
Tirunelveli
5. The Inspector of Police
Courtallam Police Station,
Tirunelveli ..Respondents
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W.P.Crl.(MD) No.1232 of 2026
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of Certiorarified mandamus to call for the records pertaining to the
impugned order bearing No.135/Vu.tha.2/2026 dated 09.02.2026 passed by the
second respondent and quash the same and consequently direct the respondents
to grant ordinary leave for 40 days without escort to the detenu Chelladurai,
S/o.Rajendran, aged about 40 years convict No.2260, PID No.16980 confined
at Central Prison, Palayamkottai.
For Petitioner : Mr.R.Narayanan
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor
ORDER
[Order of the Court was made by G.K.ILANTHIRAIYAN, J.]
The prayer in the petition is to quash the impugned order passed by the
second respondent in No.135/Vu.tha.2/2026 dated 09.02.2026 and direct the
respondents to grant ordinary leave for 40 days without escort to the detenu
Chelladurai, S/o.Rajendran, aged about 40 years convict No.2260, PID No.
16980 confined at Central Prison, Palayamkottai
2. It is the case of the petitioner that her husband was convicted in
S.C.No.107 of 2011 and sentenced to undergo life imprisonment for the offence
under Section 302 of IPC by the Additional Sessions cum Fast Track Court
No.II, Tirunelveli. Aggrieved over the same, the convict has not preferred an
appeal . While being so, the petitioner being wife of the convict submitted
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representation seeking 40 days ordinary leave, however it was rejected by the
second respondent on the ground that while on parole the convict absconded
for three months, therefore considering his previous conduct the request made
by the petitioner seeking ordinary leave was rejected.
3.The learned Additional Public Prosecutor, on instructions
submitted that the husband of the petitioner has not completed 14 years of
imprisonment and thereby he is not eligible for 40 days ordinary leave.
4. Considering the facts and circumstances of the case, this Court
is inclined to grant 28 days ordinary leave to the convict with escort.
5. Accordingly, the impugned order passed by the second respondent
is set aside and writ petition is disposed of with the following directions:
(i) The respondents are directed to grant 28 days ordinary
leave with escort to the convict prisoner namely,
Chelladurai, S/o.Rajendran, aged about 40 years
convict No.2260, PID No.16980 confined at Central
Prison, Palayamkottai from 02.03.2026 to 29.03.2026.
The convict prisoner shall be released from the prison
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on 02.03.2026 at 6.00 am.,
(ii) He shall report back to the Superintendent of Prison,
Central Jail,Palayamkottai / third respondent, by
29.03.2026 at 6.00pm..,
(iii) The petitioner shall produce all necessary documents,
along with a copy of this order, before the jail
authorities,
(iv) During the leave period, the convict prisoner shall
abide by all the conditions prescribed in the Jail
Manual. Consequently connected miscellaneous
petition stands closed.
(v)The escort charges shall be borne by the petitioner and if
necessary, the same shall be adjusted from the income
earned by the convict prisoner during the imprisonment
period. Consequently connected miscellaneous petiton
stands closed.
[G.K.I., J.] [N.S, J.]
27.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
Note: Issue order copy on 27.02.2026
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To:
1. The Secretary to Government of Tamil Nadu
Home ( Prison-IV) Department
The Secretariat of Tamil Nadu
Chennai- 9
2. The Director Inspector of General of Prisons
Madurai Range, Madurai Central Prison Campus
New Jail Road, Madurai
3. The Superintendent of Prison
Central Prison, Palayamkottai
Palayamkottai
4. The Superintendent of Police
O/o. The Superintendent of Police
Tirunelveli
5. The Inspector of Police
Courtallam Police Station,
Tirunelveli
6. The Additional Public Prosecutor
Madurai Bench of Madras High Court,
Madurai.
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G.K.ILANTHIRAIYAN, J.
and
N.SENTHILKUMAR, J.
aav
27.02.2026
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