Case Note & Summary
The petitioner, wife of life convict Saravanan, filed a writ petition under Article 226 of the Constitution before the Madurai Bench of the Madras High Court seeking a certiorarified mandamus to quash the rejection order dated 20.01.2025 passed by the Superintendent of Prison, Trichy Central Prison, and to direct grant of five days parole/leave to her husband. The husband, a life convict, had sought leave to register a Power of Attorney deed in favor of his relatives to manage property for meeting expenses of their daughter's upcoming marriage. The prison authorities rejected the request on the ground that jail rules do not permit grant of leave for registration of documents. The petitioner challenged this rejection as illegal. The Court, after hearing both sides and perusing the impugned order, found no error or illegality in the rejection. It held that the prison rules prohibiting such leave are valid, and accordingly dismissed the writ petition. However, noting that the daughter's marriage was scheduled for 16.03.2025, the Court observed that the dismissal does not preclude the petitioner from making a fresh representation for emergency leave to attend the marriage. The Court directed that if such a representation is made, it shall be considered on its merits and appropriate orders passed within two days. No costs were awarded.
Headnote
A) Prison Law - Leave for Registration of Documents - Core Legal Point: Prison Rules Prohibit Leave for Execution or Registration of Documents - Tamil Nadu Prison Rules (unspecified) - The petitioner, wife of a life convict, sought leave for her husband to execute a Power of Attorney deed to deal with property for their daughter's marriage expenses. The prison authorities rejected the request citing jail rules. The High Court found no infirmity in the rejection order, held that the rules are valid, and dismissed the writ petition. (Paras 3-4) B) Prison Law - Emergency Leave for Marriage - Core Legal Point: Fresh Representation for Emergency Leave on Grounds of Daughter's Marriage is Permissible - Provisions of Prison Rules (unspecified) - Although the writ petition was dismissed, the Court permitted the petitioner to make a fresh representation for emergency leave for her husband to attend their daughter's marriage scheduled on 16.03.2025. The Court directed that such representation be considered and appropriate orders passed on merits within two days. (Para 4)
Issue of Consideration
Whether the rejection of leave to a life convict for registration of Power of Attorney deed is illegal and whether a writ of certiorarified mandamus can be issued to quash the same and direct grant of parole/leave.
Final Decision
Writ Petition dismissed. Petitioner may make a fresh representation for emergency leave to attend daughter's marriage, which shall be considered on merits and orders passed within two days.
Law Points
- jail rule does not permit leave for registration of documents
- emergency leave for daughter's marriage may be applied afresh
- dismissal does not bar fresh representation
- prison authorities bound by rules
