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Mariyammal Vs The State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

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Madras HC
2025
Mariyammal Vs The State of Tamil NaduMariyammal v. The State of Tamil Nadu

Dismissed¶¶30

Mariyammal v. The State of Tamil Nadu

Madras HC9 Sept 2025WP Crl.(MD)/1252/2025

Case brief

AI extract

What is this about?

Emergency leave for life convict denied/infructuous; writ of mandamus under Article 226 Constitution of India; prisoner leave to attend father's funeral/death rites; Karthick @ Karthick Kumar CP 6551, Madurai Central Prison; petitioner Mariyammal; representation considered and rejected by State prison authorities (Secretary to Government, Home (Prison-IV) Department; DGP & IG Prisons and Correctional Services; DIG Prisons Madurai Range; Superintendent of Central Prison Madurai; Inspector of Police, Kombai Police Station, Theni District) on 01.09.2025; leave period lapsed; petition dismissed as infructuous; Additional Public Prosecutor T.Senthilkumar; advocate J.William Christopher; judges P.Velmurugan and L.Victoria Gowri; decided 09.09.2025.

What did the court decide?

The respondents had already considered and rejected the petitioner's representation seeking leave for seven days on 01.09.2025, and the period of seven days had already lapsed.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether respondents 1 to 4 should be directed to grant emergency leave for a period of 7 days to the petitioner's brother Karthick @ Karthick Kumar (CP 6551), son of Ayyappan, aged about 30 years, confined at Madurai Central Prison as a life convict, so that he could participate in and perform the rites and rituals for his father K.Ayyappan scheduled to be held on 04.09.2025.

Court's answer

The respondents had already considered and rejected the petitioner's representation seeking leave for seven days on 01.09.2025, and the period of seven days had already lapsed.

Ratio / Principle

Nothing survived for adjudication in the present writ petition; accordingly, the writ petition was dismissed as having become infructuous.

Detailed headnote1 paragraphs

Criminal writ (mandamus) — Madurai Bench of Madras High Court, decided 09.09.2025 by P.Velmurugan and L.Victoria Gowri (order by P.Velmurugan, J.). Mariyammal petitioned under Article 226 of the Constitution of India seeking seven days' emergency leave for her brother Karthick @ Karthick Kumar (CP 6551), son of Ayyappan, aged about 30 years, a life convict confined at Madurai Central Prison, to attend and perform the rites and rituals for his father K.Ayyappan scheduled on 04.09.2025. At hearing, the Additional Public Prosecutor reported that the prayer had become infructuous and that the petitioner's representation had already been considered and rejected by the respondents on 01.09.2025. As the seven-day leave period had also lapsed, the court found nothing survived for adjudication and dismissed the writ petition as having become infructuous. No precedent was cited and no quantum was involved.

A

WP(MD). No.1252 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 09.09.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE Mrs.JUSTICE L.VICTORIA GOWRI

WP Crl. (MD). No.1252 of 2025

Mariyammal ... Petitioner

Vs

The State of Tamil Nadu, Rep. by the Secretary to Government, Home (Prison - Iv) Department, Secretariat, Fort St. George, Chennai 600009..

The Director General of Police and

Inspector General of Prisons and Correctional Services,, Whannels Road, Egmore, Chennai 600 008.

The Deputy Inspector General of Prisons and Correctional Services,,

Madurai Range, Madurai.

The Superintendent of Prison,, Central Prison, Madurai..

1/5

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

WP(MD). No.1252 of 2025

Inspector of Police, Kombai Police Station, Theni District..

... Respondents

PRAYER :-Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 1 to 4 grant emergency leave for the period of 7 days to the petitioner's brother Karthick @ Karthick Kumar (CP 6551) son of Ayyappan aged about 30 years, confining at Madurai Central Prison as life convict to participate and perform rites and rituals to his father K.Ayyappan scheduled to be held on 04.09.2025.

For Petitioner : Mr.J.William Christopher For Respondents : Mr.T.Senthilkumar Addl. Public Prosecutor

ORDER

(Order of the Court was made by P.VELMURUGAN,J.)

The writ petition has been filed for a writ of mandamus to direct the respondents 1 to 4 grant emergency leave for the period of 7 days to the petitioner's brother Karthick @ Karthick Kumar (CP 6551) son of Ayyappan aged about 30 years, confining at Madurai Central Prison as life convict to participate and perform rites and rituals to his father K.Ayyappan scheduled to be held on 04.09.2025.

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WP(MD). No.1252 of 2025

By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

When the writ petition is taken up for hearing, the learned Additional Public Prosecutor would submit that the prayer that has been sought for has become infructuous. He would further submit that the representation of the petitioner has been considered and the respondents have also rejected the same.

In view of the above, since the respondents have already considered and rejected the representation of the petitioner seeking leave for seven days on 01.09.2025 and the period of seven days has already been lapsed, nothing survives for adjudication in the present writ petition. Accordingly, the writ petition is dismissed as having become infructuous.

[P.V.,J] [L.V.G.,J] 09.09.2025

NCC : Yes/No Index : Yes/No RR

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WP(MD). No.1252 of 2025

To

1.Secretary to Government, Home (Prison - Iv) Department, Secretariat, Fort St. George, Chennai 600009..

The Director General of Police and Inspector General of Prisons and Correctional Services,,

Whannels Road, Egmore, Chennai 600 008.

The Deputy Inspector General of Prisons and Correctional Services,, Madurai Range, Madurai.

The Superintendent of Prison,, Central Prison, Madurai..

Inspector of Police, Kombai Police Station, Theni District..

6.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

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WP(MD). No.1252 of 2025

P.VELMURUGAN, J. AND L.VICTORIA GOWRI, J.

RR

ORDER IN WP CRL.(MD) No.1252 of 2025

Date : 09.09.2025

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Issues for consideration

1 issue framed by the court

AI extract

1.
Whether respondents 1 to 4 should be directed to grant emergency leave for a period of 7 days to the petitioner's brother Karthick @ Karthick Kumar (CP 6551), son of Ayyappan, aged about 30 years, confined at Madurai Central Prison as a life convict, so that he could participate in and perform the rites and rituals for his father K.Ayyappan scheduled to be held on 04.09.2025.¶¶20
The court held
The respondents had already considered and rejected the petitioner's representation seeking leave for seven days on 01.09.2025, and the period of seven days had already lapsed.ratio¶¶30

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶¶20

Procedural history

How this case reached the court

AI extract

Order under challenge
Rejection of the petitioner's representation seeking seven days' emergency leave for her brother, a life convict at Madurai Central Prison; the representation was considered and rejected by the respondents on 01.09.2025.¶¶29
the respondents · 01.09.2025
Prior proceeding
Petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing respondents 1 to 4 to grant seven days' emergency leave to her brother Karthick @ Karthick Kumar (CP 6551), a life convict confined at Madurai Central Prison, to participate in and perform the rites and rituals for his father K.Ayyappan scheduled on 04.09.2025.¶¶20
Prior proceeding
By consent of both sides, the writ petition was taken up for final disposal at the stage of admission itself.¶¶28
Prior proceeding
When the writ petition was taken up for hearing, the learned Additional Public Prosecutor submitted that the prayer had become infructuous and that the petitioner's representation had been considered and rejected by the respondents.¶¶29

Parties & counsel

AI extract

petitioner
Mariyammal¶¶7
Mr.J.William Christopher
respondent
The State of Tamil Nadu, Rep. by the Secretary to Government, Home (Prison - Iv) Department, Secretariat, Fort St. George, Chennai 600009¶¶9
Mr.T.Senthilkumar
respondent
The Director General of Police and Inspector General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai 600 008¶¶38
Mr.T.Senthilkumar
respondent
The Deputy Inspector General of Prisons and Correctional Services, Madurai Range, Madurai¶¶40
Mr.T.Senthilkumar
respondent
The Superintendent of Prison, Central Prison, Madurai¶¶41
Mr.T.Senthilkumar
respondent
Inspector of Police, Kombai Police Station, Theni District¶¶42
Mr.T.Senthilkumar

Coram

AI extract

P.VELMURUGANauthor¶¶23
L.VICTORIA GOWRImember¶¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 9 Sept 2025 · September
Registered: 2 Sept 2025
Case no.: WP Crl.(MD)/1252/2025
CNR: HCMD011194612025
Topic: Writ and Judicial Review
Bench: P.velmurugan L.victoria Gowri
Disposal: DISMISSED
Case type: WP Crl. (MD)

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Cite this judgement

Mariyammal v. The State of Tamil Nadu, WP Crl.(MD)/1252/2025 (MAD), decided on 9 September 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Procedural history4

Rejection of the petitioner's representation seeking seven days' emergency leave for her brother, a life convict at Madurai Central Prison; the representation was considered and rejected by the respondents on 01.09.2025.the respondents · 01.09.2025
Petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing respondents 1 to 4 to grant seven days' emergency leave to her brother Karthick @ Karthick Kumar (CP 6551), a life convict confined at Madurai Central Prison, to participate in and perform the rites and rituals for his father K.Ayyappan scheduled on 04.09.2025.
By consent of both sides, the writ petition was taken up for final disposal at the stage of admission itself.

View full history

Bench / Coram

P.VELMURUGAN and L.VICTORIA GOWRI

Parties & counsel