WP Crl.(MD)/5838/2026 of S.Pappa Vs The Director General of Prison (Correctional Services) on 11 November 2026

ORDER

(Order of the Court was made by M. NIRMAL KUMAR J.) The prayer in the petition is to direct the second respondent to permit the petitioner to provide fruits to the petitioner's son namely, Santhosh Kumar, convict prisoner (CT No.6340 and PID No.1174468), confined at Central Prison, Palayamkottai, in accordance with Rule 521(3) of the Tamil Nadu Prison Manual Rules, 2024 and standard Operating procedure with subject to inspection and consequently direct the second respondent to remove the new prohibition by considering the petitioner's representation dated 16.09.2026.

2. It is the case of the petitioner that during her visit to Central Prison, Palayamkottai, for seeing her son she had taken fruits and to be given to him and after prison interview, handed over the fruits to the second respondent for inspection before delivering the same, on the ground of prison safeground and thereafter to he handed over to her son. This was the practice followed earlier. All of a sudden, without any order or notification or circular been furnished for imposing such a new blanket prohibition, the second respondent had orally informed that fruits __________

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WP Crl.(MD) No. 5838 of 2026 brought from outside will not be permitted to be given to the prisoners and that the prisoners should purchase eateries only from the prison canteen and those eateries purchased from the prison canteen by the parents, relatives and friends will be permitted to be given to the prisoners. The said restriction is being implemented by the prison authorities subsequently by displaying the same through notice on the walls of prison premises. The said notice does not disclose any such restriction , hence it caused mental agony to the son of the petitioner by depriving his right to food, an essential component of the fundamental right to life guaranteed under Article 21 of the Constitution of India. The second respondent is directed to follow Rule 521(3) of the Tamil Nadu Prison Rules, 2024 and not to deny the same without any authority, hence the present petition has been filed.

3. The learned Additional Public Prosecutor produced the photograph showing concealment of narcotics and other banned substances concealed in fruits and other eateries. Therefore the Inspector General of Prisons had directed the prison authorities to follow Section 11 of the Prison Act, 1894. Section 11 of the Prison Act, 1894 reads as follows:

11. Superintendent.

(1) Subject to the orders of the Inspector General, the __________

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WP Crl.(MD) No. 5838 of 2026 Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.

(2) Subject to such general or special directions as may be given by the State Government, the Superintendent of a prison other than a Central prison or a prison situated in Presidency-town shall obey all orders not inconsistent with this Act or any rule thereunder which may be given respecting the prison by the District Magistrate, and shall report to the Inspector General all such orders and the action taken thereon.

4. He further submitted that the act specifies that the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control. This control has been given publicity considering the prevailing situation in all the prisons. The Superintendent, Central Prison, Palayamkottai had now directed that the prohibited items should not be handed over to the prisoners. In view of the same, arrangements have been made by the Director General of Prisons, by installing canteen in the name of Freedom which is run by the prison inmates for sale of fruits and savorites produced the receipt of the Central Prison, Madurai confirming the items sold in the Freedom shop with rates, which is scanned and re-produced here under: __________

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WP Crl.(MD) No. 5838 of 2026 __________

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WP Crl.(MD) No. 5838 of 2026

5. From the receipt it is seen that banana, apple, orange are the fruits sold in the canteen, other seasonal fruits and other eatble item will also be sold subject to availability and demand.

6. This Court finds that the restrictions imposed by the prison authorities is in accordance with law and in consonance with Section 11 of the Prison Act, 1894.

7. In view of the same, this Court finds there is no total restriction or ban, hence no arbitrariness in the act of the Superintendent, Central Prison, Palayamkottai. Recording the same, the petition is disposed. The petitioner is free to deposit sufficient funds to the PC account and enabling prisoner to purchase the fruits from the canteen. The Superintendent shall ensure that sufficient quantity and good quality of fruits and other eatables are made available in the canteen for the prisoners. (M.N.K.,J.) (N.G.N.,J.) 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AAV __________

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WP Crl.(MD) No. 5838 of 2026 To

1. The Director General of Prison (Correctional Services) Madurai Range Office of the Madurai Central Prison New Jail Raod Arasaradi Madurai

2. The Superintendent of Prison Office of the Superintendent of Central Prison Palayamkottai Tirunelveli

3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai __________

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WP Crl.(MD) No. 5838 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. AAV WP Crl.(MD) No. 5838 of 2026 11-11-2026 __________

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