Madras High Court
WP CRL.(MD)/5812/2026 of Muthu Vs The Home Secretary on 26 October 2026
WP Crl.(MD) No. 5812 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26-10-2026
CORAM
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR
AND
THE HON'BLE MRS.JUSTICE THIRUMAGAL
CHANDRASEKAR
WP Crl.(MD) No. 5812 of 2026
CNR:{HCMD011530832026}
Muthu
W/o.R.Ramasubramaniam,
No. 4/3, Church Street,
Kaliyavur,
Thoothukudi District - 628 252.
..Petitioner(s)
Vs
1. The Home Secretary
Home Department (Prison),
Secretariat,
Fort St.George,
Chennai - 600 009.
2. The Deputy Inspector General of Prisons Madurai Range, Madurai - 625 001.
3. The Superintendent of Prisons
Central Prison,
Palayamkottai 627 007.
4. The Inspector of Police
Murapanadu Police Station,
Thoothukudi District.
..Respondent(s)
PRAYER: This writ petition is filed to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in No.
WP Crl.(MD) No. 5812 of 2026
856/Utha.2/2026 issued by the 2nd respondent dt. 10.08.2026 quash the same and consequently direct the respondents to grant 28 days ordinary leave without escort to the petitioner’s husband Ramasubramanian S/o Ramasamy, aged 50, PID No.108744.
For Petitioner(s)
:M/s R.Jenifar Bibin
For Respondent(s)
:Mr.G.Karuppasamy Pandiyan
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ORDER
(Order of the Court was made by M.Nirmal Kumar J.) Prayer in this writ petition is for issuance of a writ of Certiorarified Mandamus, calling for the records relating to the proceedings in No. 856/Utha.2/2026 issued by the second respondent dated 10.08.2026, quash the same and consequently direct the respondents to grant 28 days ordinary leave without escort to the petitioner’s husband Ramasubramanian S/o Ramasamy, aged 50, PID No.108744.
2. Today, when the matter was taken up for hearing, Mr.G.Karuppasamy Pandiyan, learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that impugned order passed passed since the petitioner is not eligible for ordinary leave and if a fresh representation is given by the petitioner, the same would be considered by the second respondent in accordance with law within a period of four weeks.
WP Crl.(MD) No. 5812 of 2026
3. In view of the above submission of the learned Additional Public Prosecutor appearing for the respondents, without going into the merits of the matter, this writ petition is disposed of directing the petitioner to given a fresh representation to the respondents and on receipt of the fresh representation, the second respondent shall consider the same and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. (M.N.K.,J.) (T.M.C.,J.) 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No CM
WP Crl.(MD) No. 5812 of 2026 To
1. The Home Secretary Home Department (Prison) Secretariat Fort St.George Chennai - 600 009
2. The Deputy Inspector General of Prisons Madurai Range Madurai - 625 001
3. The Superintendent of Prisons Central Prison Palayamkottai 627 007
4. The Inspector of Police Murapanadu Police Station Thoothukudi District
5. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai
WP Crl.(MD) No. 5812 of 2026 M.NIRMAL KUMAR, J. AND THIRUMAGAL CHANDRASEKAR, J. CM WP Crl.(MD) No. 5812 of 2026 26-10-2026