Madras High Court Considers Extension of Ordinary Leave for Life Convict After Wife's Surgery. Petition Filed Under Article 226 Seeking Mandamus for 10 Days Further Leave as Original Leave Expires.

High Court: Madras High Court Bench: Madurai
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Case Note & Summary

The petitioner, wife of a life convict, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to extend ordinary leave or grant emergency leave to her husband. Earlier, the Court had allowed 21 days ordinary leave in W.P(MD)No.3095 of 2025 by order dated 31.01.2025. The leave was expiring on the day following the hearing, i.e., 26.02.2025. The petitioner pleaded that she had undergone surgery and was in convalescence, requiring her husband’s presence. The convict had already availed the full leave. The State contended that no extension should be granted without a separate request and sufficient reasons. The Court heard both sides, but the final order is not recorded in the provided text.

Issue of Consideration

Whether the petitioner is entitled to an extension of ordinary leave or emergency leave for her husband (a life convict) on medical grounds, after having been granted 21 days ordinary leave which is about to expire.

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Case Details

2025 LawText (MAD) (02) 240

W.P(MD)No.5156 of 2025

2025-02-25

Dr. Justice G. Jayachandran, Justice R. Poornima

2025:MHC:547

Mr. P.M. Basil, Mr. A. Thiruvadi Kumar

Selvi

1.The Deputy Inspector General of Prison, Madurai Zone, 2.The Superintendent of Prison, Central Prison, Palayamkottai, 3.The Superintendent of Police, Tirunelveli

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Nature of Litigation

Writ petition under Article 226 seeking mandamus for extension of ordinary leave or grant of emergency leave to a life convict on medical grounds.

Remedy Sought

Petitioner (wife) seeks direction to respondents to grant 10 days further ordinary leave or emergency leave to her husband (life convict No.4686) whose 21 days ordinary leave was expiring.

Filing Reason

The petitioner had undergone surgery and was in convalescent period, requiring the presence of her husband for comfort.

Previous Decisions

Earlier, the Court had granted 21 days ordinary leave to the convict vide order dated 31.01.2025 in W.P(MD)No.3095 of 2025.

Issues

Whether the convict is entitled to extension of ordinary leave beyond the 21 days already granted. Whether emergency leave can be granted on the ground of the wife's post-surgery condition.

Submissions/Arguments

Petitioner: The convict had availed ordinary leave; due to exigency, he should be granted emergency leave for a few more days so that petitioner will have comfort of her husband during convalescent period. Respondents: The convict has already been granted full 21 days ordinary leave; if emergency leave is needed, a separate request with sufficient reasons is required; extension of ordinary leave not warranted.

Judgment Excerpts

The Writ Petition has been filed for a mandamus directing the respondents to grant extension of time granted in W.P(MD)No.3095 of 2025, dated 31.1.2025 and grant 10 days further ordinary leave or emergency leave to the Petitioner’s husband namely Issac, son of Ramaiya, life convict No.4686 on medical ground. This Court considering the nature of the request to grant 21 days ordinary leave, allowed the Petition filed by the wife vide order, dated 31.01.2025 and 21 days ordinary leave got expired tomorrow. The learned Additional Public Prosecutor appearing for the respondents/State states that the convict, who is entitled for 21 days ordinary leave been granted 21 days ordinary leave pursuant to the order passed by this Court, dated 31.1.2025. In case, he needs any emergency leave, it may be on separate request with sufficient reasons for extension of ordinary leave or to consider her request for emergency leave

Procedural History

W.P(MD)No.3095 of 2025 was filed earlier, and the Court granted 21 days ordinary leave on 31.01.2025. The present W.P(MD)No.5156 of 2025 was filed seeking extension. Heard on 25.02.2025.

Acts & Sections

  • Constitution of India: Article 226
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High Court Madras High Court Considers Extension of Ordinary Leave for Life Convict After Wife's Surgery. Petition Filed Under Article 226 Seeking Mandamus for 10 Days Further Leave as Original Leave Expires.
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