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2026 DAILYLAW 51384 (MAD)

Rajakumari v. The Deputy Inspector General of Prisons,

WP Crl./1389/2026 · 2026-07-15

Anita Sumanth, Sunder Mohan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:MHC:2891 WP Crl. No. 1389 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN WP Crl. No. 1389 of 2026 and WP.MP.(Crl.) No.477 of 2026 Rajakumari W/o.Velu, No.50, Aranmanaikarar street, Chennai-600 001. ..Petitioner(s) Vs 1. The Deputy Inspector General of Prisons, Chennai Range, Prison Head quarters, Whannels road, Egmore, Chennai-600008. 2. The Superintendent of Prisons, Central Prison-I, Puzhal, Chennai-600 066. ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF CERTIORARIFIED MANDAMUS, calling for the records bearing no.694/mu.uu.1/2025 dated 18.05.2026 passed by the respondent No.1 and quashing the same and consequently directing the respondents to grant 28 days ordinary leave by without escort for the petitioner’s husband namely Velu S/o.Murugesan aged about 45 years, Convict prisoner pid no.57434, confined in Central Prison-1, Puzhal. https://www.mhc.tn.gov.in/judis 2026:MHC:2891 WP Crl. No. 1389 of 2026 __________ Page2 of 5 For Petitioner(s): Ms.S.Nadhiya For Respondent(s): Mr. C.R. Malarvannan Counsel for Government of Tamil Nadu (Crl. Side) ORDER (Order of the Court was made by Dr.Anita Sumanth J.) The wife of one Velu, who is a convict prisoner in Central Prison-I, Puzhal, Chennai has challenged the order dated 18.05.2026 rejecting request for grant of ordinary leave of 28 days without escort. 2.Ms.Nadhiya, learned counsel for petitioner would submit that leave is necessary as the convict is to make arrangements for the livelihood of his family, the wife of the convict, the petitioner herein is unwell and being a street vendor, he is not in a position in any event to bear the cost of escort. The petitioner also relies on previous orders of this Court where the convict has been granted leave. 3.Per contra, Mr.Malarvannan, learned Government Counsel would rely on the report of the Probation Officer to the effect that the reasons cited by the petitioner are untrue and hence, there is no justification in the request being acceded to. 4.We have heard both learned counsel. https://www.mhc.tn.gov.in/judis 2026:MHC:2891 WP Crl. No. 1389 of 2026 __________ Page3 of 5 5.The petitioner has, along with the writ affidavit, enclosed some medical certificates in support of his claim of his wife being unwell. We are not in a position to verify these documents and leave it to the authorities to review the documents and re-assess the request of the convict based on illness of his wife. 6.That apart, the report of the Probation Officer indicates that convict does not have any permanent house. Hence there may be some merit in the family requiring his presence in order to make arrangement for proper stay. 7.In light of the discussion as aforesaid, we confirm the impugned order dated 18.05.2026 leaving it to the petitioner / convict to re-approach the authorities in line with the liberty granted under this order. 8.Let the authorities consider the application of the convict / his family as and when filed and take a view based on the documents and communicate the same to the petitioner/convict within a day from disposal of the request. 9.This Writ Petition is dismissed with liberty. Connected Miscellaneous Petition is closed. (A.S.M.,J.) (S.M.,J.) 15-07-2026 Index: Yes/No Speaking Neutral Citation: Yes DP https://www.mhc.tn.gov.in/judis 2026:MHC:2891 WP Crl. No. 1389 of 2026 __________ Page4 of 5 To 1. The Deputy Inspector General of Prisons, Chennai Range, Prison Head quarters, Whannels road, Egmore, Chennai-600008. 2. The Superintendent of Prisons, Central Prison-I, Puzhal, Chennai-600 066. 3. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis 2026:MHC:2891 WP Crl. No. 1389 of 2026 __________ Page5 of 5 DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. DP WP Crl. No. 1389 of 2026 15-07-2026 https://www.mhc.tn.gov.in/judis