S.Pappa vs The Director General of Prison (Correctional Services)
- Court
- Madras High Court
WP Crl.(MD) No. 5838 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11-11-2026
CORAM
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR
AND
THE HON'BLE MR.JUSTICE N.GUNASEKARAN
WP Crl.(MD) No. 5838 of 2026
CNR:{HCMD011496872026}
S.Pappa
W/o.Late.Suresh Kumar,
Anbu Nagar,Anaipothai,
Puthery,Kanniyakumari District.
..Petitioner(s)
Vs
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. ..Respondent(s)
PRAYER: To issue a Writ of Mandamus, directing the second
respondent to permit the petitioner to provide fruits to the petitioners 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
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For Petitioner(s) :M/s C.Karthikeyan
For Respondent(s) :M/s.G.Karuppasamy Pandian
Additional Public Prosecutor
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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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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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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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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