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Madras High CourtWP Crl.(MD)/1582/2026disposed of

Selvi v. The State Of Tamil Nadu Rep By

2026-03-24Honourable Mr Justice N. Anand Venkatesh,Honourable Mr Justice K.K. Ramakrishnan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMKRISHNAN W.P.Crl.(MD).No.1582 of 2026 Selvi .......

Petitioner Vs.

1.The State of Tamil Nadu, represented by the Principal Secretary to Government, Home (Prison-IV) Department, State of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.

2.The Director General of Police / Director General of Prisons and Correctional Services, Office of the Director General of Police, C.M.D.A., Towers-II, No.1, Gandhi Irvin Road, Elumbur, Chennai-8.

3.The Deputy Inspector General of Police, Madurai Central Prison Campus, Madurai Range, Madurai District.

4.The Superintendent of Prison, Special Prison for Women, Madurai District.

...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to grant seven days emergency leave to the petitioner, by name, Selvi, wife of Mariyappan, aged about 71 years, confining at Special Prison for Women, Madurai as life convict to take treatment for the petitioner on the basis of the petitioner's representation dated 12.03.2026 in accordance with law. For Petitioner : Mr.Dr.R.Alagumani For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

O R D E R

[Order of the Court was made by N.ANAND VENKATESH, J.] This writ petition has been filed for the issue of writ of mandamus directing respondent Nos.3 and 4 to act upon the representation made by the petitioner on 12.03.2026 wherein, the petitioner is seeking for emergency leave.

2. Heard the learned counsel on either side.

3. The petitioner and her son were convicted and sentenced to undergo life imprisonment by the learned II Additional District and Sessions Judge, Thoothukudi in S.C.No.254 of 2017 by judgment dated 27.11.2019. This judgment was thereafter confirmed by this Court in Crl.A.(MD).No.74 of 2020 dated 28.09.2022. The petitioner is undergoing sentence at Madurai Special Prison for Women. Her son is undergoing sentence at Palayamkottai Central Prison.

4. The further case of the petitioner is that her son suffered serious medical condition and as a result, it led to amputation of his right leg. This Court, based on the writ petition moved by her grand-daughter in W.P.Crl. (MD).No.993 of 2026, was pleased to grant 28 days ordinary leave without escort to the petitioner's son.

5. The petitioner wanted to meet her son and hence, she made a representation dated 12.03.2026 seeking for seven days emergency leave. Since the same was not considered, the present writ petition was filed before this Court.

6. When the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents submitted that the representation made by the petitioner has been rejected by the fourth respondent through proceedings dated 18.03.2026.

7. The learned counsel appearing for the petitioner submitted that the period for which ordinary leave was granted to her son comes to an end on 28.03.2026. Hence, if the petitioner is not able to meet her son by then, it will become very difficult for the petitioner to attend to her son, who suffered from serious ailment, which led to amputation of one of his legs.

8. We have carefully considered the submissions made on either side and the materials available on record and we are convinced that the reasons for which the petitioner has sought for an emergency leave is genuine. The same is apparent from the records available before this Court. The petitioner's son, who is also a life convict suffered from amputation of his right leg and he has been granted ordinary leave by this Court and which period comes to an end on 28.03.2026. Therefore, as a mother, the petitioner would naturally want to meet her son in a situation like this.

9. In view of the above, there shall be a direction to the fourth respondent to grant emergency leave to the petitioner commencing from 25.03.2026 at 10.00 a.m., to 28.03.2026 at 05.00 p.m., without escort and one surety shall be executed before the Superintendent of Prison, Special Prison for Women, Madurai / fourth respondent for a sum of Rs.10,000/- and a personal bond shall also be obtained from the petitioner for the said sum.

10. This Writ Petition (Criminal) is disposed of in the above terms. [N.A.V., J.] & [K.K.R.K., J.] 24.03.2026 NCC : Yes / No Index : Yes / No TSG Note : Issue Order Copy by 24.03.2026 Copy to 1.The Principal Secretary to Government, Home (Prison-IV) Department, State of Tamil Nadu, Secretariat,

St.George Fort, Chennai-9.

2.The Director General of Police / Director General of Prisons and Correctional Services, Office of the Director General of Police, C.M.D.A., Towers-II, No.1, Gandhi Irvin Road, Elumbur, Chennai-8.

3.The Deputy Inspector General of Police, Madurai Central Prison Campus, Madurai Range, Madurai District.

4.The Superintendent of Prison, Special Prison for Women, Madurai District.

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

N.ANAND VENKATESH , J.

AND K.K.RAMKRISHNAN, J .

TSG W.P.Crl.(MD).No.1582 of 2026 24.03.2026