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Madras High CourtWP Crl.(MD)/2437/2025dismissed

Vijayalakshmi v. The Secretary To Government

2025-12-08Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2025

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA and W.M.P.Crl.(MD)No.559 of 2025 Vijayalakshmi ... Petitioner -vs1.The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.

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

3.The Superintendent of Prison, Madurai.

4.The Superintendent of Prison, Coimbatore.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the order passed by the third respondent in No.tha.ku.3/E1741423/2023, dated 12.12.2025 and quash the same and consequently directing the respondents to transfer the petitioner's husband Parameshwaran, S/o.Arumugam a remand prisoner from the Central Prison, Coimbatore back to the Central Prison, Madurai.

For Petitioner : Mr.S.Srikanth For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by G.K. ILANTHIRAIYAN,J.) This writ petition has been filed challenging the order passed by the third respondent, dated 12.11.2025, thereby, rejected the request made by the petitioner seeking transfer of her husband from Central Prison, Coimbatore to Central Prison, Madurai.

2. The petitioner is the wife of the remand prisoner Parameshwaran, who involved in 9 cases. Some of the cases are pending within the jurisdiction of Madurai and some of the cases are pending in Kerala and Chennai. While being so, the petitioner being a wife of the remand prisoner and also she is practicing an advocate submitted a representation seeking transfer of her husband from Coimbatore Central Prison to Madurai Central Prison on the ground that her husband ought to have come to Madurai for each and every hearing to attend the trial and he has to travel for 6 hours. The petitioner has two children. It is very difficult for them to visit their father. However, without considering the above facts and circumstances, the third respondent mechanically rejected the request made by the petitioner seeking transfer of her husband from Central Prison, Coimbatore to Central Prison, Madurai.

3. The learned Additional Public Prosecutor appearing for the respondents, on written instructions, would submit that though the

petitioner's husband involved in 9 cases, the petitioner is being an advocate frequently visited her husband. Her husband has collected huge sum from co-prisoners, who were detained under Act, 14 of 1082 on the pretext that he will take care of the quashment of detention order. Initially, the petitioner's husband was put in Central Prison, Madurai. Only for these allegations, he was transferred from Central Prison, Madurai to Central Prison, Coimbatore. That apart, the petitioner's husband was granted interim bail by this Court in Crl.O.P(MD)Nos.5040 and 5041 of 2024, on 28.03.2024. While he was on interim bail, he escaped and another FIR has been registered in Cr.No.307 of 2024, on the file of the Redhills Police Station for the offences under Section 224 IPC. That part, the petitioner's husband is appeared through the Video Conferencing in all the cases and there is absolutely no difficult for him to appear in all the cases while attending the trial Court.

4. In view of the above facts and circumstances, this Court finds no infirmity or illegality in the order passed by the third respondent and hence, the writ petition is devoid of merits and it is liable to be

dismissed. Accordingly, the writ petition is dismissed. Consequently, connected miscellaneous petition is closed.

[G.K.I., J.] [R.P., J.] 08.12.2025 am NCC :Yes/No Index: Yes/No Internet: Yes/No To 1.The Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai-9.

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

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

4.The Superintendent of Prison, Coimbatore.

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

G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

am 08.12.2025