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2026 DAILYLAW 57413 (MAD)

Sathiyapriya Mubarak v. The State of Tamil Nadu, Rep. by its Secretary to Government,

WP Crl./1743/2026 · 2026-07-30

Anita Sumanth, Sunder Mohan

Transfer Petitionbody2026

Judgment text

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2026:MHC:3170 WP Crl. No. 1743 of 2026 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN WP Crl. No. 1743 of 2026 Sathiyapriya Mubarak W/o.Mubarak, PID No.573137, No.3.3/111, R.Gopinathampatti Post, Harur, Dharmapuri - 635 305. ..Petitioner(s) Vs 1. The State of Tamil Nadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort.St.George, Chennai - 600 009. 2. The Director General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai - 600 008. 3. The Superintendent of Prison, Central Prison, Vellore - 632001. ..Respondent(s) Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus or any other order or direction in the nature of appropriate writ directing the respondents to consider the petitioner’s representation dated 08.07.2026 and consequently grant 30 (Thirty) days Ordinary Parole to PID No.573137, Mr.Mubarak, now confined at Central Prison, Vellore, to enable him to undergo Bilateral Gynecomastia Surgery and post-operative treatment within a time frame to be fixed by this Honble Court, and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. https://www.mhc.tn.gov.in/judis 2026:MHC:3170 WP Crl. No. 1743 of 2026 __________ For Petitioner(s): Mr.D.Vasanth For Respondent(s): Mr.C.R.Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side) Order (Order of the Court was made by Dr.Anita Sumanth J.) The petitioner is wife of one Mubarak (convict), S/o. Sikkandhar Basha, who is confined in Central Prison, Vellore. 2. The petitioner has made a representation on 08.07.2026 to the authorities seeking medical intervention for Bilateral Gynecomastia Surgery and post-operative treatment. 3. When the matter had come up for admission on 22.07.2026, we had passd the following order:- Mr.C.R.Malarvannan, learned counsel for Government of Tamil Nadu (Criminal Side) accepts notice for the respondents and seeks some time to obtain instructions and file a counter. 2. The petitioner, wife of one Mubarak, convict prisoner, confined in Central Prison, Vellore seeks a mandamus directing the respondents to consider her representation dated 08.07.2026 for medical treatment of the convict. 3. It appears that the convict is suffering from Bilateral Gynecomastia. The prison doctor has, after indicating the symptoms and the past treatment records that he had been advised for repeated Fine Needle Aspiration Cytology. (FNAC) and follow-up at GVMCH, Vellore. However, he has been unable to either obtain a subsequent evaluation or management of the problem on account of the escort https://www.mhc.tn.gov.in/judis 2026:MHC:3170 WP Crl. No. 1743 of 2026 __________ unavailability. 4. This is ludicrous to say the least. In cases of known medical ailments, where the advice of the doctor is for procedures to be followed and follow-up/action, to delay the matter, that too for the reason that escort is unavailable is unacceptable. The authorities should realize that they will be held responsible for any complications/deterioration in the convict’s medical condition. We direct the respondents to take immediate measures to obtain an updated evaluation and do the needful within a week from today and report the same. 5. List on 30.07.2026. 4. Pursuant to our order, the convict has been taken to the Vellore Medical College Hospital and has been comprehensively examined. The report that has been sent through the medical doctor in Central Prison, Vellore, reads as follows:- Medical Report To The Superintendent, Central Prison, Vellore. Respected Madam, This is report that Mr.Mubarak, 28 years old Male, S/o. Sikkandhar Basha. He got admitted in Central Prison, Vellore on 12.02.2024. Patient Complaints of Bilateral Breast Swelling associated with pain over Left Breast. On 27.07.2026 patient referred and sent him to GVMCH, Vellore for further management. There they took USG Bilateral Breast following that they noticed no focal thickness, Nipple Intact, no collections then they advised nil active intervention at present and Review SOS at OPD. At present his General conditions Satisfactory. Bp – 120/72 mmHG PR – 84/min SPo2 – 99% https://www.mhc.tn.gov.in/judis 2026:MHC:3170 WP Crl. No. 1743 of 2026 __________ 5. We record the same and close this writ petition. No costs. Needless to say, the prison authorities / doctors are always available for medical intervention for the convict should it be so required in future. (A.S.M.,J.) (S.M.,J.) 30-07-2026 Index: Yes/No Speaking order Neutral Citation: Yes ssm To 1. The Secretary to Government, Home, Prohibition and Excise Department, Fort.St.George, Chennai - 600 009 2. The Director General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai - 600 008. 3. The Superintendent of Prison, Central Prison, Vellore – 632001. 4. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis 2026:MHC:3170 WP Crl. No. 1743 of 2026 __________ DR.ANITA SUMANTH, J. AND SUNDER MOHAN, J. ssm WP Crl. No. 1743 of 2026 30-07-2026 https://www.mhc.tn.gov.in/judis