ORDER : N.SENTHILKUMAR, J. This writ petition is filed by Vijaya Shanthi, namely wife of the detenu Balu @ Punnai Balu. According to the writ petitioner, the detenu Balu @ Punnai Balu was arrested in Crime No.293 of 2024 under Sections 192(2), 191(3), 118, 103, 351(3), 61(2), 49, 238 BNS r/w 4(b) r/w 5 of Explosive Substances Act r/w 25(1)(A) of Arms Act on 06.07.2024. As against the detenu, an order of detention was passed vide proceedings in BCDFGISSSV.No.917/2024 dated 07.09.2024. On receipt of final report, the learned V Metropolitan Magistrate, Egmore, has taken the same on file in PRC No.120 of 2024. As the case was triable by Sessions Court, the same was made over to the learned Principal Sessions Judge and the same was taken on file in S.C. No.425 of 2025. 2. It is the contention of the writ petitioner that on 14.03.2025, her son Rishith, fell down on ground and sustained fracture on his left leg and pursuant to the fracture, he underwent a surgery. Before the incident, the detenu’s son suffered small VDS and he is a heart patient, therefore she has made a representation dated 20.03.2025 to the respondents 1 and 2 to grant six days emergency leave to her husband, namely the detenu. 3. Mr.R.Muniyapparaj, the learned Additional Public Prosecutor appearing for the respondents 1 to 3/State, questioned the very maintainability of the writ petition by stating that the detenu is not entitled to avail emergency leave, as the detenu was detained under Act 14 of 1982 and he cannot be considered for emergency leave as granted to a convict. 4. Heard both sides and perused the materials available on record in the form of typed set of papers. 5. While answering the question of maintainability of the writ petition for grant of emergency leave to a person, who is detained under Act 14 of 1982, it is important to examine the applicable laws. 6. The Tamil Nadu Suspension of Sentence Rules, 1982, deals with rights of the prisoners to avail emergency and ordinary leave. Rule 2(3) states “leave” means an emergency or ordinary leave. Sub rule (4) to Rule 2 states “sentence” means a sentence as finally fixed on appeal or revision or otherwise and includes an aggregate of more sentence than one. Sentences in default of fine shall not be taken into consideration while fixing eligibility for being released on leave. Rule 2(3) states “leave” means an emergency or ordinary leave. Sub rule (4) to Rule 2 states “sentence” means a sentence as finally fixed on appeal or revision or otherwise and includes an aggregate of more sentence than one. Sentences in default of fine shall not be taken into consideration while fixing eligibility for being released on leave. Rule 3 specifies that the leave cannot be claimed as a matter of right. It is a concession granted to the prisoner. Rule 6 states that emergency leave may be granted for attending death or serious illness of father, mother, wife, husband, son, daughter, full brother or full sister, as the case may be, or the wedding of the prisoner or son, daughter, full brother or full sister of the prisoner, as the case may be, and for having delivery outside the prison in the case of female pregnant prisoners. Rule 7 Eligibility for emergency leave. No emergency leave shall be granted to a prisoner unless,- (i) he has been sentenced by a Court in this State to imprisonment for a term or imprisonment for life for an offence against any law other than a law relating to a matter to which the executive power of the Union Government extends; (ii) his conduct in prison has been satisfactory; (iii) female pregnant prisoner for having delivery outside the prison provided who are not constituting high security risks or of cases of equivalent grade descriptions. Rule 13 deals with the maximum period of emergency leave. The total period of emergency leave to be granted to a prisoner by the Superintendents of Prisons or the Director General of Prisons, as the case may be, shall be fifteen days in a year to be spread over four spells, subject to the maximum of six days in any one spell according to the need of the prisoner on the occasion and the remaining nine days in three spells, each spell not exceeding three days at a time and the decision of the Superintendent or the Director General of Prisons in deciding the duration of the spell shall be final. However, in exceptional cases, the Government may extend the period of emergency leave following the procedure prescribed in rule 34. However, in exceptional cases, the Government may extend the period of emergency leave following the procedure prescribed in rule 34. Application for emergency leave for the fifth time in a year shall be submitted to Government for prior orders: Provided that in case of female pregnant prisoners, for having the delivery outside the prison, emergency leave for a period of fifteen days may be granted as a special case without taking into account of the total spell of emergency leave availed earlier: Provided further that where a prisoner has already exhausted the maximum period of emergency leave eligible to him, the Superintendent of prisons or the Inspector General of Prisons, as the case may be, may grant one day emergency leave to him to attend the funeral of the prisoner’s spouse, father, mother, son, daughter, full brother or full sister, on each occasion. Rule 22 deals with eligibility for ordinary leave.- (1) No prisoner shall be granted ordinary leave unless he has been sentence by a court in this State to imprisonment for a term or imprisonment for life for an offence against any law other than a law relating to a matter to which the executive power of the Union Government extends and he has completed.- (a) One year of imprisonment in cases of prisoners sentenced to imprisonment for a period not exceeding five years; (b) Two years of imprisonment in cases of prisoners sentenced to imprisonment for a period exceeding five years but not more than fourteen years; (c) Three years of imprisonment in cases of prisoners sentenced to imprisonment for a period exceeding fourteen years and for life. Explanation.- The period of actual imprisonment shall be counted from the date of admission to prison as convict. Explanation.- The period of actual imprisonment shall be counted from the date of admission to prison as convict. (2) The ordinary leave shall not exceed the period as specified below at a time, unless extended by the Government:- (a) twenty one days for the prisoners sentenced to imprisonment for a period not exceeding five years; (b) twenty one days from the third to fifth years of imprisonment and not exceeding twenty eight days during the rest of the term of imprisonment for the prisoners sentenced to imprisonment for a period exceeding five years but not more than fourteen years; (c) twenty one days during the fourth and fifth years of imprisonment; not exceeding twenty eight days from the sixth year of imprisonment to fourteenth year of imprisonment and not exceeding forty days during the rest of the term for prisoners sentenced to imprisonment for life and those sentenced exceeding fourteen years: Provided that the maximum period of forty days of ordinary leave may be available in one spell or in two spells of any duration. (3) The prisoner shall be granted the second or subsequent spell of ordinary leave not exceeding the period mentioned in sub rule(2) above, after the completion of one year of imprisonment from the date on which he returns from the last ordinary leave. 7. On a careful perusal of the above rules, it is clear that, as per Rule 7(i), in order to avail emergency leave, the prisoner must have been sentenced by a Court in this State to imprisonment for a term or imprisonment for life for an offence against any law other than a law relating to a matter to which the executive power of the Union Government extends; Rule 7(i) makes it clear that the detenu is entitled for emergency leave, only if he satisfies the requirement with regard to the sentence by a court . 8. It is relevant to refer to Rule 12, which deals with the right to grant or reject emergency leave and appeal thereupon. It states as follows: Rule 12 . The Superintendent of Prison reserves the right either to grant or reject the emergency leave for special reasons to be recorded in writing which shall always be treated as strictly confidential. It is relevant to refer to Rule 12, which deals with the right to grant or reject emergency leave and appeal thereupon. It states as follows: Rule 12 . The Superintendent of Prison reserves the right either to grant or reject the emergency leave for special reasons to be recorded in writing which shall always be treated as strictly confidential. The reasons for such rejection shall not be communicated to the prisoner, but shall be reported to the higher authorities, if called upon to do so. The petition preferred by the prisoner against such rejection shall always be submitted to the Director General of Prisons with the remarks of the Superintendent of Prison for his orders and the Director General of Prisons may either grant or reject the emergency leave. 9. In the present case, the claim of the writ petitioner for grant of emergency leave to her husband cannot be countenanced for the reason that her husband/detenu is not entitled to make a claim for emergency leave under the Tamil Nadu Suspension of Sentence Rules, 1982 as he was detained under Act 14 of 1982. 10. While examining the claim of the writ petitioner with regard to grant of emergency leave to her husband, it is noted that, the prisoners who are detained under the Preventive Detention Laws, namely Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum-grabbers and Video Pirates Act, 1982 (in short Goondas Act), can be temporarily released under section 15(1) of the said Act, which is extracted hereunder: Section 15(1): The State Government, may, at any time, direct that any person detained in pursuance of a detention order may be released for any specified period, either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release. 11. Section 15(1) of the Goondas Act, makes it clear that to temporarily release a person who is detained under the Act, the power is vested with the State Government, as it is the case of preventive detention invoked by the Government. 12. 11. Section 15(1) of the Goondas Act, makes it clear that to temporarily release a person who is detained under the Act, the power is vested with the State Government, as it is the case of preventive detention invoked by the Government. 12. When the detenu is detained under the Preventive Detention law, the Prison Rules will not be applicable and it is only for the State Government to decide with regard to the temporary release of the detenu as per Section 15 of the Goondas Act. In view of the same, the writ petition filed for emergency leave under the Tamil Nadu Prison Rules is not maintainable. 13. In the result, the writ petition is dismissed as not maintainable.