Madras High Court

WP CRL.(MD)/5225/2026 of Petchiammal Vs The Inspector General of Pri on 16 September 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 16.09.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

and

THE HONOURABLE MRS.JUSTICE M.D.SUMATHI

WP Crl.(MD) NO. 5225 of 2026

{CNR: HCMD011271382026}

Case QR

Petchiammal

... Petitioner

Vs.

1.The Inspector General of Prison,

CMDA Tower-II,

No.1, Gandhi Irwin Road,

Egmore, Chennai.

2.The Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore.

3.The Deputy Inspector General of Prisons, Madurai Range, Madurai Central Prison Campus, Madurai City-625 016.

4.The Superintendent of Prison,

Madurai Central Prison,

Madurai.

5.The Superintendent of Prison,

Coimbatore Central Prison,

Coimbatore.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 5th respondent vide his proceedings in No.25714/Tha.KU2/2026 dated 21.08.2026 and quash the same as illegal consequently direct the 1st respondent to transfer the petitioner's son Suresh son of Saminathan aged about 36 years in PID No.2791 now confined at Madurai Central Prison to 5th respondent Central Prison, Coimbatore or any other prison on humanitarian ground in the interest of justice.

For Petitioner

: Mr.J.Vijayaraja

For Respondents : Mr.D.Venkatesh,

Addl. Public Prosecutor.

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ORDER

(By G.R.SWAMINATHAN, J.) Heard both sides.

2. The writ petitioner's son/Suresh is undergoing life sentence. He is presently confined in Central Prison, Madurai. The writ petitioner is a widow. She is based at Coimbatore. The petitioner states that if her son is at Coimbatore, she will be able to meet him on a regular basis. The petitioner submitted a representation on 18.08.2026 to all the authorities concerned. The Superintendent of Prison, Central Prison, Madurai was also one of the addressees. The said authority informed the petitioner that he will not be in a position to recommend for transfer of the petitioner's son back to Coimbatore. This communication dated 21.08.2026 is assailed in this writ petition.

3. As rightly pointed out by the learned Additional Public Prosecutor, the impugned communication is more in the nature of intimation. The fourth respondent had merely informed the petitioner that he would not recommend the petitioner's request for transfer of Suresh from Central Prison, Madurai to Central Prison, Coimbatore. Such a communication is not amenable to challenge.

4. We went through the representation submitted by the writ petitioner. The writ petitioner had only prayed to the authority concerned for transfer. What she sought was a formal order. But what she got was a gratuitous information from the fourth respondent.

5. We, therefore, direct the Director General of Prison and Correctional Service, Egmore, Chennai – 8 to dispose of the petitioner's representation dated 18.08.2026 within a period of four weeks from the date of receipt of a copy of this order. We make it clear that we have not gone into the merits of the matter. The decision is left entirely to the discretion of the concerned authority.

6. This writ petition is disposed of accordingly. (G.R.S. J.,) & (M.D.S. J.,) 16.09.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1. The Inspector General of Prison, CMDA Tower-II, No.1, Gandhi Irwin Road, Egmore, Chennai.

2. The Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore.

3. The Deputy Inspector General of Prisons, Madurai Range,

Madurai Central Prison Campus, Madurai City-625 016.

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

5. The Superintendent of Prison, Coimbatore Central Prison, Coimbatore.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to: The Director General of Prison and Correctional Service, Egmore, Chennai – 8.

G.R.SWAMINATHAN, J. and M.D.SUMATHI

, J.

ias W.P.Crl.(MD)No.5225 of 2026

16.09.2026

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