[Cites 4, Cited by 0]
Madras High Court
Illayaperumal vs The Home Secretary on 6 January, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.Crl.(MD) No.1 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.01.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P.Crl.(MD) No.1 of 2026
Illayaperumal ... Petitioner
-vs-
1. The Home Secretary
Home Department(Prison)
Secretariat, Fort St. George,
Chennai- 600 009.
2. The Deputy Inspector General of Prisons
Madurai Range,
Madurai- 625 001
3. The Superintendent of Prison
Central Prison,
Palayamkottai.
4. The Inspector of Police
Thachanallur Police Station
Tirunelveli District ..Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus calling for the records relating to the
proceedings in No.863/Utha.2/2025 issued by the second respondent dated
18.08.2025 quash the same and consequently direct the third respondent to
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W.P.Crl.(MD) No.1 of 2026
grant 28 days ordinary leave without escort to the petitioner's brother Mayandi,
S/o.Sudalai Muthu, PID No.21379.
For Petitioner : Mr.P.M.Bazil
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.863/Utha.2/2025 dated 18.08.2025 and consequently
direct the third respondent to grant 28 days ordinary leave without escort to the
petitioner's brother Mayandi, S/o.Sudalai Muthu, PID No.21379.
2.The brother of the petitioner is a convict and he has been
convicted for the offences under Sections 302, 396 and 447 of IPC and
sentenced to undergo life imprisonment in S.C. No.135 of 2014 by the II
Additional Sessions Court, Tirunelveli on 23.03.2016 which was also
confirmed by this Court in Crl.A(MD) No.30 of 2017 by judgment dated
16.03.2017 and also confirmed by the Hon'ble Supreme Court. The brother of
the petitioner is languishing in jail for more than nine years. While being so,
the petitioner being brother of the convict submitted application seeking
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ordinary leave for a period of 23 dayas. however the said request was rejected
on the ground that the brother of the petitioner is not eligible for ordinary leave
as per Rule 21(b) of the Tamil Nadu Suspension of Sentence Rules, 1982.
3. The learned counsel appearing for the petitioner would submit
that the petitioner has sought leave for execution of partition deed between the
brothers.
4. The learned Additional Public Prosecutor would submit that the
petitioner's brother may be granted emergency leave since he was not eligible
for ordinary leave on the ground that he was convicted for the offence under
Section 396 of IPC.
5. In view of the same, this Court does not find any infirmity or
illegality in the order passed by the second respondent and hence the petition
stands dismissed. However if the petitioner submitted any document for
partition of their family property before the concerned Registering authority
and obtain permission to register the document before the concerned
registering authority he can very well approach the second respondent seeking
emergency leave for three days. On receipt of such application if any filed the
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second respondent is directed to consider the same after verifying the records
submitted by the petitioner in accordance with law.
[G.K.I., J.] [R.P., J.]
06.01.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
aav
To:
1. The Home Secretary
Home Department(Prison)
Secretariat, Fort St. George,
Chennai- 600 009.
2. The Deputy Inspector General of Prisons
Madurai Range,
Madurai- 625 001
3. The Superintendent of Prison
Central Prison,
Palayamkottai.
4. The Inspector of Police
Thachanallur Police Station
Tirunelveli District
5. The Additional Public Prosecutor
Madurai Bench of Madras High Court,
Madurai.
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G.K.ILANTHIRAIYAN, J.
and
R.POORNIMA, J.
aav
06.01.2026
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