Palaniammal Vs The Deputy Inspector General of Prison — Writ and Judicial Review | Madras HC (2026)

Palaniammal Vs The Deputy Inspector General of Prison — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Impugned proceedings No.1818/Thaku.2/2026 dated 10.06.2026 quashed; six days emergency leave directed to be granted to the convict, subject to daily 05.00 p.m. reporting before the Inspector of Police, S.S.Colony Police Station and furnishing of sureties before jail authorities; connected miscellaneous petition (W.M.P.(MD).No.803 of 2026) closed.

Issue for consideration

Whether the impugned proceedings of the second respondent dated 10.06.2026 rejecting the petitioner's emergency-leave representation are liable to be quashed as illegal, and whether a direction should issue to grant leave to the petitioner's convict son.

Court's answer

In light of the Probation Officer verifying the Medical Certificate and recommending emergency leave, the impugned proceedings of the second respondent dated 10.06.2026 (No.1818/Thaku.2/2026) are quashed.

Ratio / Principle

A direction is issued to the second respondent (Superintendent of Prison, Madurai Central Prison) to grant six days emergency leave to the convict (petitioner's son, Suriya @ Katna Suriya @ Muthumari, PID No.2965).

Key takeaways

The emergency leave is subject to the condition that the convict will report before the fourth respondent (Inspector of Police, S.S.Colony Police Station) daily at 05.00 p.m. during the entire period of the emergency leave.ratio¶42
Sureties will be furnished by the convict before the jail authorities.ratio¶42

Detailed headnote1 paragraphs

Madurai Bench of Madras High Court (Justice N. Anand Venkatesh, author, with Justice K.K. Ramakrishnan), 25.06.2026 - Writ petition (criminal) under Article 226 by Palaniammal, mother of convict Suriya @ Katna Suriya @ Muthumari (PID No.2965) serving sentence in Madurai Central Prison. Her bid for 21 days' ordinary leave on health grounds was rejected on 05.05.2026 as the convict had not completed the minimum three-year qualifying period; an earlier writ challenging that refusal was dismissed with liberty to apply for emergency leave. Her 26.05.2026 emergency-leave representation was then rejected on 10.06.2026 (Proceedings No.1818/Thaku.2/2026 of the Superintendent of Prison) solely because the medical certificate was not annexed. Upon the Probation Officer verifying the certificate and recommending grant of leave, the Court quashed the impugned proceedings and directed the Superintendent of Prison to allow six days' emergency leave, conditional on the convict reporting daily at 5.00 p.m. before the Inspector of Police, S.S.Colony Police Station and furnishing sureties before jail authorities. Writ petition disposed of; connected W.M.P.(MD).No.803 of 2026 closed.

W.P.Crl.(MD)Nos.3303 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 25.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

W.P.(Crl.) (MD) No.3303 of 2026 and

W.M.P.(MD).No.803 of 2026

Palaniammal

: Petitioner (s)

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, S.S.Colony Police Station, Madurai District. : Respondent(s)

Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records

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W.P.Crl.(MD)Nos.3303 of 2026

pertaining to the Impugned Order in No.1818/ Thaku.2/2026 dated 10.06.2026 on the file of Respondent No. 2 and quash the same as illegal and consequently directing the second respondent to grant ordinary leave without escort for the period of 21 days to the petitioner's son, namely, Suriya @ (Katna Suriya) @ Muthumari, s/o Mariyappan (Convict Prisoner (PID No.2965) by this Court.

For Petitioner : Mr.K.Dinesh

For Respondents : Mr.T.Lenin Kumar Counsel for State of Tamil Nadu (Criminal Side)

O R D E R

[Order of the Court was made by N.ANAND VENKATESH, J.]

This writ petition has been filed challenging the proceedings of the second respondent made in No.1818/Thaku.2/2026 dated 10.06.2026 and for a direction to the second respondent to grant 21 days ordinary leave without escort to the petitioner's son, who is presently serving sentence at Central Prison, Madurai.

The petitioner is the mother of the convict. The petitioner

submitted a representation seeking for 21 days ordinary leave on the ground that she is suffering from serious health issues and she requires the physical and emotional support of the convict. The representation

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W.P.Crl.(MD)Nos.3303 of 2026

made by the petitioner came to be rejected through the impugned proceedings dated 05.05.2026 on the ground that the petitioner's son has not undergone minimum period of three years to avail the ordinary leave. The same was put to challenge before this Court and the writ petition was dismissed by granting liberty to apply for emergency leave.

The petitioner submitted a representation dated 26.05.2026

seeking for emergency leave. However, through the impugned proceedings of the second respondent dated 10.06.2026, the representation came to be rejected on the ground that the Medical Certificate was not annexed along with the report. Aggrieved by the same, the present writ petition came to be filed before this Court.

When the matter came up for hearing during the previous occasion, this Court directed the respondents to verify the genuineness of the Medical Certificate that was relied upon by the petitioner. The matter was directed to be listed for hearing today.

When the matter was taken up for hearing today, the learned counsel for the State of Tamil Nadu (Criminal Side) placed the report of

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W.P.Crl.(MD)Nos.3303 of 2026

the Probation Officer and it is seen that the Probation Officer has verified the Medical Certificate and has recommended for grant of emergency leave.

In the light of the above development, the impugned proceedings of the second respondent dated 10.06.2026 is quashed and there shall be a direction to the second respondent to grant six days emergency leave to the convict subject to the condition that the convict will report before the fourth respondent daily at 05.00 p.m., during the entire period of emergency leave. The sureties will be furnished by the convict before the jail authorities.

This writ petition (criminal) is disposed of in the above terms. Consequently, the connected miscellaneous petition is closed.

[N.A.V., J.] [K.K.R.K., J.] 25.06.2026 Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No TSG

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W.P.Crl.(MD)Nos.3303 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, S.S.Colony Police Station, Madurai District.

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

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W.P.Crl.(MD)Nos.3303 of 2026

N.ANAND VENKATESH, J. AND K.K.RAMAKRISHNAN, J.

TSG

W.P.(Crl.) (MD) No.3303 of 2026

25.06.2026

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