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Judgment
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]
Challenging the order dated 25.07.2026, passed by the second respondent, rejecting the request of the petitioner for grant of thirty days ordinary leave without escort to her husband, the petitioner has filed this writ petition.
It is the case of the petitioner that her husband is a convict prisoner and he is in incarceration in the Central Prison, Madurai. It is the further case of the petitioner that within 20 days of their marriage, her husband went to prison to undergo the sentence. Since she needs to undergo fertility treatment, the petitioner requires the presence of her husband / convict prisoner and therefore, she submitted a representation dated 13.07.2026 seeing grant of thirty days ordinary leave without escort to her husband. However, by the impugned order, the respondents have rejected her request.
Per contra, Mr.D.Venkatesh, learned counsel for State of Tamil Nadu (Criminal Side) appearing for the respondents, submitted that the convict prisoner is in incarceration for the offence punishable under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, and he is also having five more cases, which are pending trial. He would further submit that the convict prisoner is not eligible for leave, on the ground as sought by the petitioner, under Rules 21(h) and 35 of the Tamil Nadu Prison Rules, 2024.
Heard the learned counsel for the petitioner and the learned counsel for the State of Tamil Nadu (Criminal Side) appearing for the respondents and perused the materials available on record.
A perusal of the materials available record shows that the petitioner is the wife of the convict prisoner, who is in incarceration in the Central Prison, Madurai. The petitioner claims that she needs the presence of her husband / convict prisoner to undergo fertility treatment. However, it is seen that the Tamil Nadu Prison Rules, 2024, do not permit for grant of leave to the convict prisoners on the grounds as sought by the petitioner herein. Therefore, we do not find any infirmity in the impugned order.
Accordingly, this writ petition is dismissed. No costs.