Sowmiya Vs The Home Secretary

Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in No.420/Utha.2/2026 issued by the second respondent dated 28.04.2026 quash the same and consequently direct the third respondent to grant 21 days ordinary leave without escort to the petitioner's husband, Satheesh s/o. Samuthirapandi, PID No.485542, aged 30, presently confined at Central Prison, Palayamkottai.

¶20

For Petitioner : Ms.Jenifar Bibin For Respondents : Mr.T.Lenin Kumar, Counsel for State of Tamil Nadu, (Criminal Side)

¶21

O R D E R

¶22

[Order of the Court was made by N.ANAND VENKATESH, J.]

¶23

This writ petition has been filed challenging the impugned proceedings of the second respondent made in No.420/Utha.2/2026 dated 28.04.2026 and for a consequential direction to the respondents to grant 21 days ordinary leave to the petitioner's husband, who is a life convict, presently serving sentence at Central Prison, Palayamkottai.

¶24

Page 2 of 6

¶25

https://www.mhc.tn.gov.in/judis

¶26

W.P.CRl..(MD).No.2867 of 2026

¶27

Heard the learned counsel on either side.

¶28

The petitioner's husband, who is a life convict, is presently

¶29

undergoing sentence at Central Prison, Palayamkottai. Till date, he has served sentence for a period of three years and twenty nine days. The petitioner made a representation to the second respondent seeking for ordinary leave on the ground that the convict has to make some financial arrangement for the education of their children and for the medical expenses of his mother. The representation came to be rejected by the second respondent 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.

¶30

Taking into consideration the facts and circumstances of the case

¶31

and the reason for which the ordinary leave has been sought for, this Court is inclined to interfere with the impugned proceedings of the second respondent made in No.420/Utha.2/2026 dated 28.04.2026 and the same is hereby quashed. There shall be a direction to the second respondent to

¶32

_____________ Page 3 of 6_

¶33

https://www.mhc.tn.gov.in/judis

¶34

W.P.CRl..(MD).No.2867 of 2026

¶35

grant 21 days ordinary leave to the convict subject to the condition that he will report before the fourth respondent daily at 05.00 p.m., during the entire period of ordinary leave.

¶36