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Madras High CourtWP Crl.(MD)/185/2026dismissed

S. Ramya v. The State Of Tamilnadu

2026-01-23Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA and WMP.Crl.(MD)No.56 of 2026 S.Ramya ... Petitioner -vsThe State of Tamil Nadu

1. The Home Secretary(Prison) Secretariat, Fort St.George Chennai- 600 009 2.The Director General of Prisons Prison Head Quarters No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008

3. The Superintendent Central Prison, Madurai Madurai District 627 002

4. The Superintendent Central Prison, Thiruvananthapuram Kerala State- 695 023 ..Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified mandamus calling for the records relating to the proceedings in No.45146/Thaku.4/ 2025 by the third respondent dated 12.06.2025 directing the respondent to permanently transfer the petitioner's husband Prasanth Raj, S/o.Raj, PID No.28546 to Central Prison, Thiruvananthapuram who is presently confined in Central Prison, Madurai. For Petitioner :

Mr.P.M.Basil For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.] The prayer in the petition is to quash the order passed by the third respondent in No.45146/Thaku.4/ 2025 and direct the respondent to permanently transfer the petitioner's husband Prasanth Raj, S/o.Raj, PID No. 28546 to Central Prison, Thiruvananthapuram who is presently confined in Central Prison, Madurai.

2. The petitioner is the wife of the convict . The husband of the petitioner was convicted by the I Additional Special Court for NDPS Act Cases, Madurai

in C.C.No.157 of 2021 by judgment dated 07.06.2023 for the offences punishable under Sections 8(c) r/w.20(b)(ii)(c) and 27(A) of NDPS Act and sentenced to under to ten years rigorous imprisonment. Now the husband of the petitioner is languishing in Central Prison, Madurai. Since the petitioner and the convict are hailing from Kerala the petitioner submitted application seeking transfer of her husband from Cental Prison, Madurai to Central Prison, Thiruvanthapuram.

3. On receipt of such application the third respondent through second respondent recommended and forwarded the request to the fourth respondent, in order to process the representation submitted by the petitioner seeking transfer of her husband. On receipt of such request the fourth respondent has not supported the requested transfer, which is a crucial requirement for proceedings with the transfer. Therefore the fourth respondent communicated to the third respondent that the request made by the petitioner cannot be considered stating that without a favourable police report it will not be possible for them to proceed with the transfer of the prisoner from Central Prison, Madurai to Central Prison, Thiruvanathapuram. Thereafter the third respondent has rightly communicated the report to the petitioner.

4. Since the fourth respondent has rejected the request made by the petitioner on the strength of the District Police Chief of Thiruvananthapuram, this Court finds no infirmity or illegality in the order passed by the third respondent.

5. In view of the same, the Writ Petition(Crl.) stands dismissed. Consequently connected miscellaneous petition stands closed. [G.K.I., J.] [R.P., J.] 23.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav To:

1. The Home Secretary(Prison) Secretariat, Fort St.George Chennai- 600 009 2.The Director General of Prisons Prison Head Quarters No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008

3. The Superintendent Central Prison, Madurai Madurai District 627 002

4. The Superintendent Central Prison, Thiruvananthapuram Kerala State- 695 023

5. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN , J.

and R.POORNIMA , J.

aav 23.01.2026