[Cites 1, Cited by 0]
Madras High Court
Selvi vs The State Of Tamil Nadu on 24 March, 2026
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.CRl..(MD).No.1582 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.03.2026
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
AND
THE HONOURABLE MR.JUSTICE K.K.RAMKRISHNAN
W.P.Crl.(MD).No.1582 of 2026
Selvi ....... Petitioner
Vs.
1.The State of Tamil Nadu,
represented by
the Principal Secretary to Government,
Home (Prison-IV) Department,
State of Tamil Nadu,
Secretariat,
St.George Fort, Chennai-9.
2.The Director General of Police /
Director General of Prisons and
Correctional Services,
Office of the Director General of Police,
C.M.D.A., Towers-II, No.1, Gandhi Irvin
Road,
Elumbur, Chennai-8.
3.The Deputy Inspector General of Police,
Madurai Central Prison Campus,
Madurai Range,
Madurai District.
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W.P.CRl..(MD).No.1582 of 2026
4.The Superintendent of Prison,
Special Prison for Women,
Madurai District. ...... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the third respondent to grant
seven days emergency leave to the petitioner, by name, Selvi, wife of
Mariyappan, aged about 71 years, confining at Special Prison for Women,
Madurai as life convict to take treatment for the petitioner on the basis of
the petitioner's representation dated 12.03.2026 in accordance with law.
For Petitioner : Mr.Dr.R.Alagumani
For Respondents : Mr.A.Thiruvadi Kumar,
Additional Public Prosecutor
ORDER
[Order of the Court was made by N.ANAND VENKATESH, J.]
This writ petition has been filed for the issue of writ of mandamus
directing respondent Nos.3 and 4 to act upon the representation made by
the petitioner on 12.03.2026 wherein, the petitioner is seeking for
emergency leave.
2. Heard the learned counsel on either side.
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W.P.CRl..(MD).No.1582 of 2026
3. The petitioner and her son were convicted and sentenced to
undergo life imprisonment by the learned II Additional District and
Sessions Judge, Thoothukudi in S.C.No.254 of 2017 by judgment dated
27.11.2019. This judgment was thereafter confirmed by this Court in
Crl.A.(MD).No.74 of 2020 dated 28.09.2022. The petitioner is undergoing
sentence at Madurai Special Prison for Women. Her son is undergoing
sentence at Palayamkottai Central Prison.
4. The further case of the petitioner is that her son suffered serious
medical condition and as a result, it led to amputation of his right leg. This
Court, based on the writ petition moved by her grand-daughter in W.P.Crl.
(MD).No.993 of 2026, was pleased to grant 28 days ordinary leave without
escort to the petitioner's son.
5. The petitioner wanted to meet her son and hence, she made a
representation dated 12.03.2026 seeking for seven days emergency leave.
Since the same was not considered, the present writ petition was filed
before this Court.
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W.P.CRl..(MD).No.1582 of 2026
6. When the matter was taken up for hearing, the learned Additional
Public Prosecutor appearing for the respondents submitted that the
representation made by the petitioner has been rejected by the fourth
respondent through proceedings dated 18.03.2026.
7. The learned counsel appearing for the petitioner submitted that
the period for which ordinary leave was granted to her son comes to an end
on 28.03.2026. Hence, if the petitioner is not able to meet her son by then,
it will become very difficult for the petitioner to attend to her son, who
suffered from serious ailment, which led to amputation of one of his legs.
8. We have carefully considered the submissions made on either side
and the materials available on record and we are convinced that the reasons
for which the petitioner has sought for an emergency leave is genuine. The
same is apparent from the records available before this Court. The
petitioner's son, who is also a life convict suffered from amputation of his
right leg and he has been granted ordinary leave by this Court and which
period comes to an end on 28.03.2026. Therefore, as a mother, the
petitioner would naturally want to meet her son in a situation like this.
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W.P.CRl..(MD).No.1582 of 2026
9. In view of the above, there shall be a direction to the fourth
respondent to grant emergency leave to the petitioner commencing from
25.03.2026 at 10.00 a.m., to 28.03.2026 at 05.00 p.m., without escort and
one surety shall be executed before the Superintendent of Prison, Special
Prison for Women, Madurai / fourth respondent for a sum of Rs.10,000/-
and a personal bond shall also be obtained from the petitioner for the said
sum.
10. This Writ Petition (Criminal) is disposed of in the above terms.
[N.A.V., J.] & [K.K.R.K., J.]
24.03.2026
NCC : Yes / No
Index : Yes / No
TSG
Note : Issue Order Copy by 24.03.2026
Copy to
1.The Principal Secretary to Government,
Home (Prison-IV) Department,
State of Tamil Nadu,
Secretariat,
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W.P.CRl..(MD).No.1582 of 2026
St.George Fort, Chennai-9.
2.The Director General of Police /
Director General of Prisons and
Correctional Services,
Office of the Director General of Police,
C.M.D.A., Towers-II, No.1, Gandhi Irvin
Road,
Elumbur, Chennai-8.
3.The Deputy Inspector General of Police,
Madurai Central Prison Campus,
Madurai Range,
Madurai District.
4.The Superintendent of Prison,
Special Prison for Women,
Madurai District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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W.P.CRl..(MD).No.1582 of 2026
N.ANAND VENKATESH , J.
AND
K.K.RAMKRISHNAN, J.
TSG
W.P.Crl.(MD).No.1582 of 2026
24.03.2026
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