Case Note & Summary
The writ petition was filed under Article 226 of the Constitution of India by the son of a life convict, seeking a writ of mandamus directing the Superintendent of Police, Madurai Central Prison, to grant six days emergency leave without escort to the convict for performing the first death anniversary pooja ceremony of his mother on 1.4.2025 and for carrying out repair work to a damaged house. The petitioner had submitted a representation dated 18.3.2025 under Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982. At the hearing, the Additional Public Prosecutor informed the court that the representation had been duly considered by the prison authorities and rejected on 27.3.2025 because the prison rules do not permit emergency leave for attending death anniversary ceremonies. Taking note of this development, the Division Bench of the Madras High Court observed that nothing remained to be adjudicated in the writ petition and accordingly dismissed it. The court did not examine the merits of the rejection or the scope of Rule 6, resting its decision solely on the fact that the representation had already been decided by the competent authority.
Headnote
A) Prisoners' Rights - Emergency Leave - Rule 6 Tamil Nadu Suspension of Sentence Rules, 1982 - The prisoner sought emergency leave to attend his mother's first death anniversary ceremony and for house repairs - The prison authorities rejected the request on the ground that the rules do not permit leave for anniversary ceremonies - Held that since the representation had been considered and rejected, nothing remained to be adjudicated, and the writ petition was dismissed (Paras 3-4).
Issue of Consideration
Whether the petitioner is entitled to emergency leave for performing his mother's first death anniversary pooja ceremony and for house repairs under Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982.
Final Decision
The writ petition was dismissed as the representation had already been considered and rejected, leaving nothing to adjudicate.
Law Points
- prison rules do not permit emergency leave for attending death anniversary ceremonies
- when representation already considered and rejected nothing remains to adjudicate in writ of mandamus
- Rule 6 of Tamil Nadu Suspension of Sentence Rules
- 1982
Case Details
2025 LawText (MAD) (03) 62
Dr. Justice G. Jayachandran, Ms. Justice R. Poornima
Mr. R. Prakash (for petitioner), Mr. A. Thiruvadi Kumar (Additional Public Prosecutor for respondent)
The Superintendent of Police, Madurai Central Prison, Madurai District
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct prison authorities to grant emergency leave to a life convict.
Remedy Sought
Petitioner (son of convict) sought six days emergency leave without escort for his father to attend the first death anniversary pooja of his mother and for house repairs.
Filing Reason
The prison authorities had not granted leave on the petitioner's representation dated 18.03.2025.
Previous Decisions
The representation was rejected by prison authorities on 27.03.2025 on the ground that prison rules do not permit emergency leave for death anniversary ceremonies.
Issues
Whether the petitioner is entitled to emergency leave for performing the first death anniversary ceremony and house repairs under Rule 6 of Tamil Nadu Suspension of Sentence Rules, 1982.
Submissions/Arguments
Petitioner argued for grant of emergency leave under Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982.
Respondent submitted that the request was considered and rejected as rules do not permit leave for anniversary ceremonies.
Ratio Decidendi
When a representation for emergency leave under prison rules has already been considered and rejected by the competent authority, and the rejection is not challenged on merits, there remains nothing to adjudicate in a writ of mandamus.
Judgment Excerpts
the said request of the Petitioner was duly considered by the Prison Authorities and rejected on 27.03.2025, since the prison rules does not permit emergency leave for attending the anniversary death ceremonies.
Taking note of the fact that the Petitioner’s representation has been duly considered and rejected by the Prison Authorities, nothing remains to be adjudicated in this Writ Petition.
Accordingly, the Writ Petition stands dismissed.
Procedural History
Petitioner submitted representation dated 18.03.2025 to prison authorities for emergency leave. Prison authorities rejected the representation on 27.03.2025. Petitioner filed W.P.(MD)No.8763 of 2025 seeking mandamus. The High Court heard the matter and dismissed the writ petition on 28.03.2025.
Acts & Sections
- Tamil Nadu Suspension of Sentence Rules, 1982: Rule 6
