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2026 DAILYLAW 25902 (MAD)

Palaniammal v. The Deputy Inspector General of Prison,

WP Crl.(MD)/2766/2026 · 2026-05-13

G K Ilanthiraiyan, K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.(MD) No.2766 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.05.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MR.JUSTICE K. RAJASEKAR W.P.Crl.(MD) No.2766 of 2026 and WMP Crl.(MD)671 of 2026 Palaniammal ... Petitioner -vs- 1. The Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison and Correctional Services Madurai Range Madurai Central Prison Campus New Jail Road Madurai. 2. The Superintendent of Prison, Madurai Central Prison Madurai District. 3. The Superintendent of Police O/o. The Superintendent of Police Madurai District. 4. The Inspector Of Police SS Colony Police Station, Madurai District. ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2766 of 2026 impugned order in No.462/Utha.2/2026 dated 05.05.2026 on the file of respondent No.1 and quash the same as illegal and consequently directing the respondents No.1 to grant ordinary leave without escort for the period of 21 days to the petitioner's son namely Suriya ( katna Suriya)@ Muthurmari, S/o. Mariyappan(convict prisoner PID No.2965 confined at Central Prison, Madurai within the time stipulated by this Court. For Petitioner : Mr.K.Diensh For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor O R D E R [Order of the Court was made by G.K.ILANTHIRAIYAN, J.] The prayer in the petition is to quash the impugned order passed by the first respondent in No.462/Utha.2/2026 dated 05.05.2026 and direct the respondents No.1 to grant ordinary leave without escort for the period of 21 days to the petitioner's son namely Suriya ( katna Suriya)@ Muthurmari, S/o. Mariyappan(convict prisoner PID No.2965 confined at Central Prison, Madurai within the time stipulated by this Court. 2. It is the case of the petitioner that her son was convicted by the IV Additional District and Session Court, Bhavani in SC No.76 of 2022 on 15.03.2024. Aggrieved over the same, the convict has not filed any appeal so far. While being so, the petitioner applied for ordinary leave for her son, ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2766 of 2026 however, it was rejected on the ground that the convict has not completed minimum period of three years. 3. On perusal of records, it is revealed that the convict who has not completed three years of imprisonment is not eligible for ordinary leave under Sections 22(1)(C) of Tamil Nadu Suspension of Sentence Rules, 1982, therefore this Court finds no infirmity or illegality in the order passed by the first respondent. 4. In view of the same, the petition stand dismissed. However the petitioner's son is entitled for emergency leave in accordance with law. Therefore the petitioner is at liberty to apply for emergency leave , if so, advised. [G.K.I., J.] [K.R.S., J.] 13.05.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No aav ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2766 of 2026 To: 1. The Deputy Inspector General of Prison, O/o. The Deputy Inspector General of Prison and Correctional Services Madurai Range Madurai Central Prison Campus New Jail Road Madurai. 2. The Superintendent of Prison, Madurai Central Prison Madurai District. 3. The Superintendent of Police O/o. The Superintendent of Police Madurai District. 4. The Inspector Of Police SS Colony Police Station, Madurai District. 5. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. ____________ https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.2766 of 2026 G.K.ILANTHIRAIYAN , J. and K. RAJASEKAR , J. aav W.P.Crl.(MD) No.2766 of 2026 13.05.2026 ____________ https://www.mhc.tn.gov.in/judis