Madras High Court

WP CRL.(MD)/5807/2026 of Pakiyalakshmi Vs The State of Tamilnadu, Rep. on 26 October 2026

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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. 5807 of 2026

CNR:{HCMD011531982026}

Pakiyalakshmi

..Petitioner(s)

Vs

1. The State of Tamilnadu,

Rep. by The Secretary to Government,

Home (Prison IV) Department,

Secretariat, Fort St.George,

Chennai-600 009.

2. The Director General of Police and Correctional Services Whannels Road, Egmore, Chennai-600 008.

3. The Deputy Inspector General of Prisons and Correctional Services Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai-625 016.

4. The Superintendent of Police

Central Prison,

Palayamkottai.

5. The Inspector Of Police,

Sivakasi East Police Station,

Virudhunagar District.

..Respondent(s)

PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to directing the respondents No.1 to 4 to extend the Furlough order dated 03.06.2026 in No.TNPCS/2680/2026-PS(JA)-4 issued by the 2nd respondent for the period of 60 days for the petitioner’s brother namely Sankaranarayanan (PID No.16977) S/o. Krishnasamy Thevar, aged 63 years confining at Palayamkottai Central Prison by the way of considering the petitioner’s representation dated 26.08.2026.

For Petitioner(s)

: Mr.R.Venkatesan

For Respondent(s)

: Mr.G.Karuppasamy Pandiyan

Additional Public Prosecutor

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ORDER

(Order of the Court was made by M.Nirmal Kumar J.) The prayer in this writ petition is for the issuance of a writ of mandamus directing the respondents 1 to 4 to extend the furlough granted under the order dated 03.06.2026 in No.TNPCS/2680/2026-PS(JA)-4, issued by the second respondent, for a further period of 60 days to the petitioner’s brother, namely, Sankaranarayanan (PID No.16977), S/o. Krishnasamy Thevar, aged 63 years, confined at Palayamkottai Central Prison, by considering the petitioner’s representation dated 26.08.2026.

2. The petitioner is the sister of the convict prisoner, Sankaranarayanan. She submitted a representation dated 26.08.2026, seeking an extension of furlough for a further period of 60 days on the ground that her mother, Rakkamal, aged about 90 years, requires medical aid and support, and that her brother, the convict prisoner, needs to be by their mother’s side to provide moral support. Earlier, she had approached this Court in W.P.(Crl.)(MD)No.4763 of 2026, and this Court, by order dated 21.08.2026, disposed of the writ petition by directing the respondents to consider the representation dated 20.07.2026, which was also made on similar grounds. Hence, she submitted a second representation dated 26.08.2026, along with a copy of the said order. However, no decision has been taken till date. Hence, she has filed the present writ petition.

3. The learned Additional Public Prosecutor appearing for the respondents submits that the order passed by this Court in the petitioner’s earlier writ petition was received on 21.09.2026. Thereafter, the petitioner’s representation, along with a copy of the said order and the letters from the Superintendent, Central Prison, Palayamkottai, and the Deputy Inspector General of Prisons, Madurai Region, was forwarded to the Director General of Police/Director General of Prisons and Correctional Services. The Director General of Police/Director General of Prisons and Correctional Services, by communication dated 22.10.2026, forwarded the matter to the Government, which is the competent authority to grant a further extension of furlough. The petitioner’s representation is presently under consideration by the Government.

4. This Court called for the records relating to the order passed in W.P.(Crl.)(MD)No.4763 of 2026 and, upon perusal of the same, found that the copy of the order had been despatched on 03.09.2026. It is further seen from the records that the order was transferred on 25.08.2026, on which date it would have been uploaded. The availability of the order in the online system is sufficient for the authorities concerned to take note of and act upon the same. Therefore, representations submitted by family members seeking relief on behalf of convict prisoners are required to be considered within a reasonable time and without undue delay.

5. The submission that the order dated 21.08.2026 passed in W.P.(Crl.)(MD)No.4763 of 2026 was received only on 21.09.2026 cannot be accepted as a justification for the delay, particularly when the order had been despatched on 03.09.2026 and had been available online.

The authorities could have acted upon the order by obtaining a copy from the online system, especially in view of the nature of the relief sought by the petitioner.

6. In view of the above, this Court directs the first respondent to consider the petitioner’s representation dated 26.08.2026 and pass appropriate orders on merits and in accordance with law within a period of two weeks from today. The first respondent shall also report compliance before this Court.

7. Post the matter on 11.11.2026 under the caption “For Reporting Compliance.” (M.N.K.,J.) (T.M.C.,J.) 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sji Note : Issue order copy on 27.10.2026

To

1. The Secretary to Government, The State of Tamilnadu, Home (Prison IV) Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Director General of Police and Correctional Services Whannels Road, Egmore, Chennai-600 008.

3. The Deputy Inspector General of Prisons and Correctional Services Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai-625 016.

4. The Superintendent of Police Central Prison, Palayamkottai.

5. The Inspector Of Police, Sivakasi East Police Station, Virudhunagar District.

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

M.NIRMAL KUMAR, J. AND THIRUMAGAL CHANDRASEKAR, J. sji WP Crl.(MD) No. 5807 of 2026 26-10-2026

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