Madras High Court
J.Durgadevi vs State Of Tamil Nadu on 11 August, 2025
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
W.P.CRL(MD)No.394 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P.CRL(MD)No.394 of 2025
J.Durgadevi ... Petitioner
vs.
1. State of Tamil Nadu,
Rep by the Principal Secretary to Government,
Home (Prison-V) Department,
Secretariat, Fort St Gorge,
Chennai-600 009.
2. The Director General of Prisons and Correctional Services,
O/o. Tamil Nadu Prisons Headquarters,
Whannels Road, Egmore,
Chennai-600 008.
3. The Deputy Inspector General of Prisons and
Correctional Services,
Trichy Range, Race Course Road,
Trichy-620 023.
4. The District Collector,
O/o. The District Collector,
Pudukkottai District.
5. The Revenue Divisional Officer,
Iluppur, Ponnamaravathy Taluk,
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W.P.CRL(MD)No.394 of 2025
Pudukkottai District.
6. The Superintendent,
Central Prison,
Trichy-620 020. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, to call for the records
relating to the impugned order passed by the 1st respondent vide
proceedings in G.O(2D)No.126, dated 28.04.2025 and quash the same as
illegal and consequently direct the 1st respondent to provide ''A'' Class
facility in view of Rule 225 of the Tamil Nadu Prison Rules, 1983 to the
petitioner's husband namely, Jayakumar, S/o.Chinnaiya, Life Convict
Prisoner, bearing Convict Prisoner No.22991, PID No.161933 confined at
Central Prison, Trichy.
For Petitioner : Mr.K.A.S.Prabhu
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The writ petition has been filed against the order rejecting the request of the petitioner to treat her husband / convict prisoner as 'A' class prisoner.
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2. The learned counsel for the petitioner would submit that the petitioner's husband was convicted by judgment dated 23.04.2019. He would further submit that the prisoner has completed BBA from Bharathidasan University with first class A Grade during April 2010. Subsequently, he has also passed MBA with first class A+ Grade from the same University during April 2012. The petitioner by representation dated 18.11.2024, had requested for classifying her husband as A class prisoner. The said representation was made to the Government under Rule 225 of the Tamil Nadu Prison Rules. The Collector had directed the Tahsildar and the Revenue Divisional Officer to conduct an enquiry and during enquiry, the petitioner had also handed over the copies of the degree certificates of her husband to them, whereas, by a cryptic order, they have not recommended the case of the petitioner and thereby the request has been rejected and challenging the said order, the present writ petition has been filed.
3. The learned Additional Public Prosecutor would submit that since the Tahsildar and the Revenue Divisional Officer have not recommended for A class facility to the convict prisoner, the Collector Page No.3 of 7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 03:06:04 pm ) W.P.CRL(MD)No.394 of 2025 has not recommended the same, thereby, the request of the petitioner has been rejected by the impugned order.
4. We had called for the files from the respondents. Perusal of the records shows that the Tahsildar and the Revenue Divisional Officer have not recommended the case of the petitioner for grant of 'A' class facility to the convict prisoner. However, perusal of the typedset shows that the convict prisoner has completed BBA with first class during April 2010 and MBA with first class in April 2012. However, without looking into the same and without any reference to the same, the authorities by a cryptic order, have not recommended the case of the petitioner's husband.
5. In view of the above, the impugned order in G.O(2D)No.126, dated 28.04.2025, stands set aside. The petitioner is directed to forthwith make a fresh representation along with the certified copies of the degree certificates of her husband to the respondents who shall conduct an enquiry afresh and pass suitable orders within a period of four weeks from the date of receipt of such representation. Taking into Page No.4 of 7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 03:06:04 pm ) W.P.CRL(MD)No.394 of 2025 consideration the UG and PG certificates of the convict prisoner produced along with this writ petition, we direct the respondents to tentatively treat the petitioner's husband as 'A' Class prisoner till the fresh representation of the petitioner is considered and orders passed on the same.
6. With the above direction, the Writ Petition stands allowed. No costs.
[A.D.J.C., J.] [R.P., J.]
11.08.2025
bala
To:
1. The Principal Secretary to Government, State of Tamil Nadu, Home (Prison-V) Department, Secretariat, Fort St Gorge, Chennai-600 009.
2. The Director General of Prisons and Correctional Services, O/o. Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai-600 008.
3. The Deputy Inspector General of Prisons and Correctional Services, Page No.5 of 7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/08/2025 03:06:04 pm ) W.P.CRL(MD)No.394 of 2025 Trichy Range, Race Course Road, Trichy-620 023.
4. The District Collector, O/o. The District Collector, Pudukkottai District.
5. The Revenue Divisional Officer, Iluppur, Ponnamaravathy Taluk, Pudukkottai District.
6. The Superintendent, Central Prison, Trichy-620 020.
7. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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AND R.POORNIMA, J.
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