Nithya Visalatchi v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WP Crl.(MD). No.1633 of 2025 and WMP crl.(MD) No.391 of 2025 Nithya Visalatchi ... Petitioner Vs
1. The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat,St. George Fort, Chennai 09..
2. The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services Department, New Jail Road, Madurai..
3. The Superintendent of Prison,, Central Prison, Madurai..
4. The Superintendent of Prison,, Ramanathapuram District..
5. The Inspector of Police, Kenikarai Police Station, Ramanathapuram District..
... Respondents 1/5
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the 3rd respondent in No.6256/ThaKu.2/2025 dated 17.09.2025 and quash the same and consequently directing the 2nd and 3rd respondents to grant 15 days emergency leave without escort to the petitioner's brother namely Madhav Magesh, S/o.Gopal (CP No.6256) a life convict prisoner in light of the petitioner's mother medical circumstances. For Petitioner : Mr.S.Srikanth For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
(Order of the Court was made by M.DHANDAPANI, J.) The present writ petition has been filed challenging the impugned order of the 3rd respondent dated 17.09.2025 in No.6256/ThaKu.2/2025 and consequently direct the 2nd and 3rd respondents to grant 15 days emergency leave without escort to the petitioner's brother namely Madhav Magesh, S/o.Gopal (CP No.6256) a life convict prisoner for his mother's illness.
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2. The petitioner has sent a representation to the respondents seeking emergency leave for her brother, who is a life convict, for attending his mother. The said representation was rejected vide impugned order dated 17.09.2025 on the ground that no medical records were submitted and the said impugned order is under challenge in this writ petition.
3. The learned counsel for the petitioner would submit that though the representation was rejected on the ground of non production of medical records, now the petitioner has availed the said records and hence, prays for necessary direction.
4. The learned Additional Public Prosecutor would submit that if the medical records are produced, the respondents would consider the same on medical grounds.
5. In view of the above, the writ petition is disposed of with a direction to the petitioner to send a representation to the 3rd respondent along with the medical records within a period of one week from the date 3/5
of receipt of a copy of this order. On receipt of the same, the third respondent shall consider the same strictly in terms of the Prison Manual, within a period of two weeks thereafter. Consequently connected Miscellaneous Petition is closed.
[M.D.I.,J] [M.J.R.,J] 03.10.2025 NCC : Yes/No Index : Yes/No RR To
1. The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat,St. George Fort, Chennai 09..
2. The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services Department, New Jail Road, Madurai..
3. The Superintendent of Prison,, Central Prison, Madurai..
4. The Superintendent of Prison,, Ramanathapuram District..
5. The Inspector of Police, Kenikarai Police Station, Ramanathapuram District..
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M.DHANDAPANI, J.
AND M.JOTHIRAMAN, J.
RR
ORDER
IN WP Crl.(MD) No.1633 of 2025 Date : 03.10.2025 5/5