(1.) These petitions raise a common question as to whether a mandamus, under Article 226 of the Constitution, can be issued directing release of a convict prisoner on ordinary leave notwithstanding his ineligibility to avail such leave by virtue of Rule 21 of the Tamil Nadu Suspension of Sentence Rules, 1982.
(2.) W.P.Crl.(MD) No.1752 of 2026 has been filed challenging the impugned proceedings of the first respondent made in No.964/Utha. 2/2025, dtd. 22/9/2025 and for a consequential direction to the first and second respondents to grant 21 days ordinary leave without escort, to the petitioner's son, who was convicted for offences under Ss. 8(c) read with 20(b)(ii)(c) of the "Narcotic Drugs and Psychotropic Substances Act, 1985" (hereinafter referred to as "NDPS Act" for brevity) by the Additional District Judge (E.C. Court), Pudukottai, in C.C.No.30 of 2022 and was sentenced to undergo 12 years rigorous imprisonment by judgment dtd. 26/5/2023. Aggrieved by the same, an appeal came to be filed before this Court in Crl.A.(MD) No.507 of 2023 and while confirming the conviction, this Court modified the sentence to five years by judgment dtd. 15/10/2025. Accordingly, the convict is presently serving sentence at Central Prison, Madurai.
(3.) The petitioner submitted a representation seeking for 21 days ordinary leave without escort on the ground that the petitioner suffered from severe chest pain and he also suffers from various ailments and he has to take immediate treatment. For that purpose, an ancestral property must be sold to augment funds. Accordingly, the petitioner sought for 21 days ordinary leave without escort for his son.