JUDGMENT (Prayer: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant extension of leave from 22.09.2022 for 20 days without escort to the detenu R.Manoharan s/o.Rajalingam, aged about 53 years, Convict No.8610, detained at Central Prison, Salem.) P.N. Prakash, J. 1. This miscellaneous petition has been filed seeking a direction to the respondents to grant extension of leave from 22.09.2022 for 20 days without escort to the convict prisoner R.Manoharan s/o.Rajalingam, aged about 53 years, Convict No.8610, detained at Central Prison, Salem. 2. On 29.08.2022, this Court passed the following order: "This Writ Petition has been filed, seeking to quash the order dated 12.05.2022 made in No.9423/tha.ku.3/2022 dated 12.05.2022 passed by the 2nd respondent, whereby the request of the petitioner to grant leave for 30 days to her son / detenu, namely, R.Manoharan S/o.Rajalingam, aged about 60 years, Convict No.8610, detained at Central Prison, Salem was declined. The petitioner also sought a direction to the respondents to release her son. 2. It is the case of the petitioner, who is the mother of the detenu that her son was convicted and sentenced to undergo life imprisonment for the offence under Section 302 r/w 109 of I.P.C. in S.C.No.109/2005 on 31.07.2014 by the Principal Sessions Judge, Trichy. It is further case of the petitioner that her son has been in jail for nearly seven years at Central Prison, Salem. That apart, the detenu is suffering from Varicose vein in his left leg and got serious health ailments in his knee. As the condition is getting worse day by day, Doctor advised him to undergo surgery for betterment of the condition. Hence the petitioner sent a representation on 20.04.2022 to the respondents and as the same was not considered, the petitioner originally filed the Writ petition, seeking a direction for grant of leave for 30 days. However, pending disposal of the Writ Petition, the respondents have rejected her request by proceedings dated 12.05.2022 in No.9423/tha.ku.3/2022 and therefore, the prayer sought for in this Writ Petition has been amended vide order 19.05.2022. 3. However, pending disposal of the Writ Petition, the respondents have rejected her request by proceedings dated 12.05.2022 in No.9423/tha.ku.3/2022 and therefore, the prayer sought for in this Writ Petition has been amended vide order 19.05.2022. 3. The Respondents, by filing a counter affidavit, opposed the grant of leave to the detenu on the ground that the detenu has not completed requisite number of years of imprisonment to avail the benefit of leave sought for by him and that the matter is pending before the Hon'ble Supreme Court and therefore he is not entitled for the leave sought for by him, as per Rule 35 of the Tamil Nadu Suspension of Sentence Rules, 1982 (in short 'the TNSS Rules, 1982”). 4. The learned Additional Public Prosecutor would submit that the detenu has been granted leave on various dates in the year 2020 and taking note of the fact that her son was already granted leave fore more than a month in the year 2021, the leave sought for at present cannot be granted and the respondents have rightly rejected the request of the petitioner. 5. Heard both sides. 6. A Medical report of the detenu from the Kauvery Hospital, Trichy dated 09.08.2022 has been produced before this Court and a perusal of the same would go to show that the convict is suffering from Varicose vein and he has to undergo surgery. Though the facts narrated above are not in dispute, Rule 20 (vii) of the Rules will have to be looked into in a harmonious way, which specifically contemplates a provision "any other extraordinary reasons;" to consider the grant of leave, if the Court finds justification or extraordinary reason. That apart in terms of Rule 40 of the said Rules, Government is also empowered to consider and grant exemption under extraordinary circumstances and the powers cannot be curtailed in the light of Rule 20 (vii) r/w Rule 40. 7. Taking note of the contention of both parties and considering the health ailments suffered by the detenu, we are inclined to interfere with the order dated 12.05.2022, rejecting the request of the petitioner. 8. 7. Taking note of the contention of both parties and considering the health ailments suffered by the detenu, we are inclined to interfere with the order dated 12.05.2022, rejecting the request of the petitioner. 8. Accordingly, the order dated 12.05.2022 is set aside and the detenu shall be granted 20 days leave without escort starting from 01.09.2022 to 22.09.2022 (by excluding the day on which the Convict is released from the prison and the day on which he surrenders before the Prison Authorities), subject to the following conditions: i. The 2nd Respondent shall release the petitioner's son viz.,R.Manoharan S/o. Rajalingam, aged about 60 years, Life Convict No.8610, from the Central Prison, Salem, on leave from 01.09.2022 to 22.09.2022. ii. The 2nd respondent shall release the detenu from the prison at 10:30am on 01.09.2022 and on expiry of the leave period, the detenu shall surrender himself before the 2nd Respondent on or before 5.30 p.m. on 22.09.2022. iii. The detenu shall report before the Kulithalai Police, Karur, daily at 05:00pm and in case of admission in the hospital, the detenu shall intimate the same to the said Police and upon receipt of such information, the police shall visit the hospital and obtain his signature in the hospital itself. With the above directions, this Writ Petition stands disposed of. No costs. List this matter on 26.09.2022 for reporting compliance." 3. Accordingly, the convict prisoner R.Manoharan was released from prison and he took treatment in Kauvery Hospital. Now, the present petition has been filed seeking extension of leave on health grounds. 4. We perused the discharge summary of Kauvery Hospital that was submitted by the petitioner in the typed set of papers wherein it is seen that the convict prisoner was admitted on 09.09.2022 and discharged on 10.09.2022 and has been diagnosed of having varicose veins problem in his left lower limb. The discharge summary reads as follows: "Complaints and History Mr.Manoharan was admitted with H/o.blackish discoloration of left leg for 5 months. Healed ulcer in left leg (+). On examination patient conscious & oriented, afebrile, PR : 84/min, BP: 120/60 mmHg, RR: 20/min, Spo2:97% in room air, CVS: S1 S2, RS : BAE (+), P/A: Soft, CNS : NFND Course in the Hospital: Patient was admitted with above mentioned complaints. Physician opinion was obtained for glycemic control and orders were followed. Left endovenous laser ablation and Foam sclerotherapy done on 09.09.2022. Physician opinion was obtained for glycemic control and orders were followed. Left endovenous laser ablation and Foam sclerotherapy done on 09.09.2022. Procedure went uneventful. There were no post operative complications. Patient is being discharged with following advice." 5. Learned counsel for the petitioner submitted that the convict prisoner has other health complications for which, the leave should be extended. 6. In our opinion, this Court had granted sufficient leave to the convict prisoner under which he had taken treatment and the discharge summary does not show that his health condition is so critical so as to extend the leave. Therefore, the request for extension of leave is rejected and the convict prisoner is directed to surrender before the prison authorities on 22.09.2022 before 05.00 p.m. However, we direct the prison authorities to monitor the health of the convict prisoner and if necessary, give him the best treatment in the Government Stanley Medical College and Hospital, Chennai, where there are state-of-the-art facilities at the Government cost. The convict prisoner may be given special diet and permitted to have the medicines that have been prescribed in the discharge summary. With the above direction, this petition is closed.