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Madras High CourtWP Crl.(MD)/1274/2025dismissed

Kamalrajan v. The Secretary To Government,

2025-09-09Honourable Mr Justice P.Velmurugan,Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE Mrs.JUSTICE L.VICTORIA GOWRI WP Crl. (MD). No.1274 of 2025 Kamalrajan ... Petitioner Vs

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

2. The Deputy Inspector General of Prisons,, Madurai Range, Madurai..

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

4. The Superintendent of Police, Virudhunagar District..

5. The Inspector of Police, East Police Station, Virudhunagar District..

... Respondents 1/5

PRAYER :-Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd and 3rd respondents for 28 days ordinary leave without escort to the petitioners brother namely Vijay, S/o.Pandi, Convict Prisoner (C.P. No. 5552, PID No. 26865) now confined under Central Prison, Madurai for the purpose of his mother's medical illness by considering the petitioner's representation dated 04.07.2025.

For Petitioner : Mr.S.Srikanth For Respondents : Mr.B.Nambiselvan Addl. Public Prosecutor

ORDER

(Order of the Court was made by P.VELMURUGAN,J.) The writ petition has been filed for a writ of mandamus to direct the 2nd and 3rd respondents for 28 days ordinary leave without escort to the petitioners brother namely Vijay, S/o.Pandi, Convict Prisoner (C.P. No. 5552, PID No.26865) now confined under Central Prison, Madurai for the purpose of his mother's medical illness by considering the petitioner's representation dated 04.07.2025.

2. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2/5

3. When the writ petition is taken up for hearing, the learned Additional Public Prosecutor would submit that the representation of the petitioner has been considered and the respondent has rejected the same on 29.07.2025.

4. In view of the above, since the 2nd respondent has already considered and rejected the representation of the petitioner seeking leave for seven days on 29.07.2025, the writ petition is dismissed as infructuous. However, the petitioner is at liberty to work out her remedy in the manner known to law, if she is aggrieved by the rejection order. [P.V.,J] [L.V.G.,J] 09.09.2025 NCC : Yes/No Index : Yes/No RR 3/5

To

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

2. The Deputy Inspector General of Prisons,, Madurai Range, Madurai..

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

4. The Superintendent of Police, Virudhunagar District..

5. The Inspector of Police, East Police Station, Virudhunagar District..

6.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

4/5

P.VELMURUGAN, J.

AND L.VICTORIA GOWRI, J.

RR

ORDER

IN WP CRL.(MD) No.1274 of 2025 Date : 09.09.2025 5/5