Divya Vs the Additional Chef Secretary to the Government

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the

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https://www.mhc.tn.gov.in/judis

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W.P.No.809 of 2024

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records relating to the impugned order of the 4 th respondent in No.GS1691745-2024 dated 02.12.2024 and to quash the same and consequently direct the 4 th respondent to provide the A Class facility to the convict/husband of the petitioner namely Vellai Kali @ Kalimuthu, S/o.Shanmugavel (CT-4506) confined at Central Prison, Vellore, forthwith. (Prayer amended as per the order of this Court dated 20.06.2025 in WMP.No.10310/2025 in WP.No.809/2024)

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F or Petitioner : Mr.Janarthanan for Mr.R.Thamarai Selvan For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor

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ORDER

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(Order of the Court was made by M.S.RAMESH, J. )

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The petitioner's request to classify her husband namely Vellai Kali @

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Kalimuthu, as 'Class A' prisoner has not been recommended by the fourth respondent herein, in his proceedings dated 02.12.2024.

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2. Rule 232 of the Tamil Nadu Prison Rules, 2024, empowers the

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Government to consider such classifications either suo motu or on recommendation.

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3. We are of the view that the petitioner can be granted liberty to approach the Government, seeking for such classification. Since we are directing the Government to consider the petitioner's representation, we refrain ourselves from addressing any of the claim that the petitioner has made for entitlement of 'A' Class to her husband/convict prisoner.

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4. Accordingly, the petitioner is granted liberty to give a

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representation to the Secretary to Government, Home and Prison Department, seeking classification for her husband/convict prisoner and on receipt of such representation, the Government shall consider it on its own merits and pass appropriate orders in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order.

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5. With the above liberty and direction, this Writ Petition stands

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disposed of. No costs.

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Index: Yes/No Speaking order/Non-speaking order Sni

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W.P.No.809 of 2024