Madras High Court (Madurai Bench), coram Dr. Justice G.Jayachandran and Ms. Justice R.Poornima, order dated 05.03.2025 in W.P.(MD)No.5151 of 2025 / connected W.M.P(MD)No.3759 of 2025, petitioner S.Ajith v. (1) State (Principal Secretary to Government, Home, Prohibition & Excise (Prison-IV) Dept.) (2) Inspector General of Prisons (3) Deputy Inspector General of Prisons, Trichy Range (4) Superintendent, Central Prison, Trichy (5) Commissioner of Police, Trichy. Prayer under Article 226 of the Constitution of India sought a writ of mandamus to quash as illegal and void the impugned proceeding No.24/MuVu/2025 dated 22.02.2025 of the third respondent rejecting 21 days ordinary leave without escort for convict prisoner A.K.Subbu @ K.Subramanian (C.P.No.23386, P.I.D.No.235504, Central Prison, Trichy) — identified in the prayer as the petitioner's father — considering representation dated 02.01.2025. The order records the convict ('two years rigorous imprisonment') as having sought 21 days ordinary leave in view of his son's marriage fixed for 12.03.2025 at Trichy; refusal because 21 days ordinary leave had already been availed in the running one-year period and some cases were pending. Counter: earlier emergency and ordinary leaves utilised, nil ordinary leave balance; Additional Public Prosecutor submitted eligibility for emergency leave on a fresh application. Holding: petitioner entitled to emergency leave for the marriage; time insufficient for a fresh representation and its consideration; hence three (3) days emergency leave granted (11.03.2025 to 13.03.2025) without escort upon necessary request and supporting documents; release 11.03.2025 at 09.00 a.m., report back before Jail Superintendent, Trichy, by 13.03.2025 before 05.00 p.m. Writ petition allowed, no costs; connected miscellaneous petition closed. No precedent cited; sole statutory reference is Article 226.
