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Madras High CourtWP Crl.(MD)/2713/2025dismissed

A.Amirtha Meritta v. The Secretary To Government,

2025-12-19Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY A.Amirtha Meritta ... Petitioner -vs1.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 Police Central Prison 4.The Superintendent of Prison District Prison Perurani Thoothukudi.

....Respondents.

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Writ of Certiorarified Mandamus, calling for the records of the order passed by the 3rd respondent in No.1630774/thu.ku.4/2025 dated 04.11.2025 and quash the same and consequently directing the respondents to transfer the petitioner's husband namely Michael Amalraj, S/o. Dawid Raja, a remand prisoner from the Central Prison, Madurai to the District Prison, Perurani, Thoothukudi For Petitioner :

Mr.R.Ilayaraja For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

The prayer in the Writ Petition is to quash the impugned order passed by the third respondent in No.1630774/tha.ku.4/2025 dated 04.11.2025 and consequently direct the respondents to transfer the petitioner's husband namely Michael Amalraj, S/o. Dawid Raja, a remand prisoner from the Central Prison, Madurai to the District Prison, Perurani, Thoothukudi

2. The husband of the petitioner is an under trial Prisoner in C.C. No.76 of 2021 on the file of the Principal District Court cum Special Court for EC and NDPS Act cases, Madurai. The petitioner submitted a representation seeking

transfer of her husband from Central Prison, Madurai to District Prison, Perurani, Thoothukudi on the ground that she is suffering from Autoimmune disease and she is unable to see her husband who is in the prison at Madurai. Hence the petitioner has sent a representation to transfer her husband from Central Prison Madurai to District Prison, Perurani, however the said request was rejected on the ground that the husband of the petitioner is an under trial prisoner and he is facing trial before the Court in Madurai in C.C. No. 76 of 2021.

3. The learned counsel appearing for the petitioner would submit that the husband of the petitioner is appearing for trial only through video conferencing

4. The transfer of the husband of the petitioner from Central Prison, Madurai to District Jail,Perurani would not serve any purpose since the petitioner is suffering from Autoimmune diseases she cannot visit any prison. The husband of the petitioner is an under trial prisoner and thereby he is not entitled for any transfer. That apart he is facing trial before the Court in Madurai and if he is transferred to District Prison, Thoothukudi it will be difficult for the respondent to bring the prisoner before the trial Court.

5. In view of the same, this Court does not find any infirmity or illegality in the order passed by the third respondent, hence the petition stands dismissed.

[G.K.I., J.] [K.R.., J.] 19.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No aav 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 Police Central Prison

4.The Superintendent of Prison District Prison Perurani Thoothukudi.

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

G.K.ILANTHIRAIYAN , J.

AND KRISHNAN RAMASAMY, J.

aav 19.12.2025