Airyanatchi v. The Additional Chief Secretary To The Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA Ariyanatchi ... Petitioner vs.
1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.
2. The Director General of Police, Director General of Prison and Correctional Service, Egmore, Chennai 600 008.
3. The Superintendent of Prison, Central Prison, Madurai District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to take disciplinary action against the prison officer, central prison, Madurai District, based on the petitioner's representation dated 21.07.2025. For Petitioner : Mr.S.Kasirajan For Respondents: Mr.A.Thiruvadi Kumar Additional Public Prosecutor Page No.1 of 6
O R D E R
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Writ Petition is filed to issue a Writ of Mandamus, directing the 2nd respondent to take disciplinary action against the Prison Officer, Central Prison, Madurai District, based on the petitioner's representation dated 21.07.2025.
2.
The case of the petitioner is that her son Shanmugavel son of Muniyasamy is a remand prisoner, who has been transferred from Virudhunagar District Jail to the Central Prison, Madurai, on 19.07.2025. When the petitioner had gone to see her son on 21.07.2025, her son had informed her that some guards were keeping him in a separate cell and torturing him. Immediately, she had asked the jail guards and they informed her that another accused had made a confession statement implicating her son and based on that, Keeraithirai Police registered a case against her son and he had been remanded to judicial custody by the Keeraithurai police on 17.04.2025 based on the Non Bailable Warrant. Alleging that her son was tortured inside the prison, the petitioner had Page No.2 of 6
sent a representation dated 21.07.2025 to the respondents to take disciplinary action against the prison officer in Madurai Central Prison. Since no action had been taken based on her representation, the petitioner has come up with the present writ petition for a Mandamus seeking for a direction to dispose of her representation dated 21.07.2025. 3.
The learned counsel for the petitioner would submit that the petitioner's son was originally detained in Virudhunagar District Jail and thereafter he has been transferred to the Central Prison, Madurai, on 19.07.2025 and when the petitioner had gone to see her son, she was informed that he was tortured by the jail guards. Hence, she made a representation dated 21.07.2025 to the respondents to take disciplinary action against the prison officer and the same has not been considered. 4.
Per contra, learned Additional Public Prosecutor would submit that the petitioner's son is a remand prisoner in Crime No. 105/2024 on the file of Keeraithurai Police Station for the offences under the NDPS Act culminated in C.C.No.130/2025 on the file of the I Additional District Judge, NDPS Court, Madurai. He was detained at Page No.3 of 6
Virudhunagar District Jail. While so, he along with one Murugasuriyan had threatened a co-prisoner namely, Sivamani, who is also a remand prisoner in a cheating case. The said Sivamani had informed the same to the co-prisoner namely, Mohammed Asarudeen who had asked Sivamani to give a complaint to the jail authorities. The petitioner's son and co-prisoner Murugasuriyan coming to know that Mohammed Asarudeen was behind the giving of complaint against them by Sivamani, had assaulted Mohammed Asarudeen through four coprisoners namely, Kannan, Mukilan, Vignesh and Akash and they have assaulted him inside the toilet of the jail.
Based on the complaint, an enquiry was conducted by the Jail Superintendent where, the abovesaid four co-prisoners have confessed that they made such assault since the petitioner's son and co-prisoner Nandhagopal had asked them to do so. Statements have been recorded from the abovesaid four co-prisoners and other prisoners. On account of the indiscipline of the abovesaid prisoners inside the jail, they have been transferred to the Central Prison, Madurai, and now they are detained in the Central Prison, Madurai. He would further submit that the petitioner's son belongs to a gang of one Vellakali and they have been creating problem in the jail. The Page No.
representation of the petitioner has been duly considered and the reply has also been sent to the petitioner. Further, he would submit that jail visit has been periodically done by the authorities and if any untoward incident happens, it would be immediately reported. 5.
Recording the above submission of the Prosecutor, this Writ Petition is closed. No costs.
[A.D.J.C., J.] [R.P., J.] 25.07.2025 Index : Yes / No bala To:
1. The Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai 600 009.
2. The Director General of Police, Director General of Prison and Correctional Service, Egmore, Chennai 600 008.
3. The Superintendent of Prison, Central Prison, Madurai District.
Page No.5 of 6
A.D.JAGADISH CHANDIRA, J.
AND R.POORNIMA, J.
bala 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER MADE IN DATED : 25.07.2025 Page No.6 of 6