Boomadevi v. The Home Secretary

O R D E R [Order of the Court was made by N.ANAND VENKATESH, J.] This writ petition has been filed challenging the impugned proceedings of the second respondent made in No.401/Utha.2/2026 dated

17.04.2026 and for a direction to the respondents to grant 28 days ordinary leave to the life convict who is presently serving sentence at Central Prison, Palayamkottai.

¶2Heard the learned counsel on either side.

¶3The petitioner is the brother of the life convict. The life convict is presently serving sentence at Central Prison, Palayamkottai. A representation was made by the petitioner seeking for ordinary leave on the ground that the convict's father is suffering from age related ailments. The representation came to be rejected by the second respondent through the proceedings dated 17.04.2026 on the ground that there are two pending cases against the convict. Aggrieved by the same, the present writ petition has been filed before this Court.

¶4This Court carefully considered the submissions made on either side and the materials available on record.

¶5It is seen that the life convict has already served sentence for more than ten years. That apart, on an earlier occasion, he was granted ordinary leave by this Court by virtue of the order passed in W.P.(MD).No.21879 of 2023 dated 19.09.2023. During the entire ordinary leave period, nothing untoward had taken place.

¶6In the light of the above development and considering the reasons assigned seeking for ordinary leave, the impugned proceedings of the second respondent made in No.401/Utha.2/2026 dated 17.04.2026 is hereby quashed. There shall be a direction to the second respondent to grant 28 days ordinary leave to the convict subject to the condition that the convict will report before the fourth respondent daily at 05.00 p.m., during the entire period of ordinary leave.

¶7This Writ Petition (Criminal) is allowed in the above terms.

[N.A.V., J.] & [K.K.R.K., J.]

01.06.2026 NCC : Yes / No Index : Yes / No TSG Copy to

1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai-600 009.

2.The Deputy Inspector General of Prison, Madurai Range, Madurai District.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District.

4.The Inspector of Police, Town Police Station, Tirunelveli.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

N.ANAND VENKATESH , J. AND K.K.RAMAKRISHNAN, J

. TSG W.P.Crl.(MD).No.2587 of 2026

01.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.Crl.(MD).No.2587 of 2026 Boomadevi ....... Petitioner Vs. 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai-600 009. 2.The Deputy Inspector General of Prison, Madurai Range, Madurai District. 3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District. 4.The Inspector of Police, Town Police Station, Tirunelveli. ...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings in No.401/Utha.2/2026, issued by the second respondent dated 17.04.2026 quash the same and consequently direct the third respondent to grant 28 days ordinary leave without escort to the petitioner's brother, Neelikaimani @ Manikandan, s/o Rajapandian, PID No.17689, aged 41, presently confined at Central Prison, Palayamkottai.. For Petitioner : Mr.P.Praveen Kumar For Respondents : Mr.T.Lenin Kumar, Counsel for State of Tamil Nadu, (Criminal Side)