Chandra v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA and WMP.CRL(MD)No.69 of 2025 Chandra ... Petitioner vs.

1. The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St. George Fort, Chennai-9.

2. The Director General of Prisons, Prison Department, Gandhi Irwin Road, Egmore, Chennai-8.

3. The Superintendent of Prison, Central Prison, Madurai.

4. The Superintendent of Prison, Central Prison, Trichy.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records Page No.1 of 5

of the order passed by the 4th respondent in No.6916/tha.ku.3/2025 dated 16.06.2025 and quash the same and consequently directing the respondents to transfer the petitioner's son namely Raja S/o. Muthukaruppan a life convict (PID No.24756) from the Central Prison, Trichy, to the Central Prison, Madurai.

For Petitioner : Mr.S.Srikanth For Respondents: Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Challenging the order passed by the 4th respondent dated 16.06.2025, rejecting the request of the petitioner to transfer her son / convict prisoner namely, Raja S/o. Muthukaruppan, a life convict (PID No.24756) from the Central Prison, Trichy to Central Prison, Madurai, this writ petition is filed to quash the same with a consequential direction to the respondents to transfer the petitioner's son to the Central Prison, Trichy.

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2.

The learned counsel for the petitioner would submit that the petitioner is aged about 75 years, and that her son who was previously detained in the Central Prison, Madurai, since has been transferred to the Central Prison, Trichy, she finds it difficult all the way to visit her son. Further, the petitioner's son is also affected by HIV and that his mother has to meet her son and give solace to her son. 3.

The learned Additional Public Prosecutor would submit that due to overcrowding of the prisoners at the Central Prison, Madurai, apart from the petitioner's son, 285 convict prisoners were transferred to the Central Prison, Trichy, where the medical facilities are available for treating HIV prisoners and the petitioner's son is being properly treated at the Central Prison, Trichy.

4.

Be that as it may, taking into consideration the fact that the convict prisoner's mother/petitioner herein is aged 75 years and that her son/convict is affected by HIV, we direct the respondents to consider the case of the petitioner sympathetically and tranfer her son from the Central Prison, Trichy, to the Central Prison, Madurai. Page No.3 of 5

5.

With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [A.D.J.C., J.] [R.P., J.] 25.06.2025 Index : Yes / No bala To:

1. The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St. George Fort, Chennai-9.

2. The Director General of Prisons, Prison Department, Gandhi Irwin Road, Egmore, Chennai-8.

3. The Superintendent of Prison, Central Prison, Madurai.

4. The Superintendent of Prison, Central Prison, Trichy.

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

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A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

bala ORDER MADE IN DATED : 25.06.2025 Page No.5 of 5