Pakiyalakshmi vs The State of Tamilnadu, Rep.

Court
Madras High Court

WP Crl.(MD) No. 5807 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26-10-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR
AND
THE HON'BLE MRS.JUSTICE THIRUMAGAL
CHANDRASEKAR
WP Crl.(MD) No. 5807 of 2026
CNR:{HCMD011531982026}
Pakiyalakshmi ..Petitioner(s)
Vs
1. The State of Tamilnadu,
Rep. by The Secretary to Government,
Home (Prison IV) Department,
Secretariat, Fort St.George,
Chennai-600 009.
2. The Director General of Police and Correctional
Services
Whannels Road,
Egmore,
Chennai-600 008.
3. The Deputy Inspector General of Prisons and
Correctional Services
Madurai Range,
Madurai Central Prison Campus,
New Jail Road,
Madurai-625 016.
4. The Superintendent of Police
Central Prison,
Palayamkottai.
5. The Inspector Of Police,
Sivakasi East Police Station,
Virudhunagar District. ..Respondent(s)
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WP Crl.(MD) No. 5807 of 2026
PRAYER: Habeas Corpus Petition is filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, to directing the
respondents No.1 to 4 to extend the Furlough order dated 03.06.2026 in
nd
No.TNPCS/2680/2026-PS(JA)-4 issued by the 2 respondent for the
period of 60 days for the petitioner’s brother namely Sankaranarayanan
(PID No.16977) S/o. Krishnasamy Thevar, aged 63 years confining at
Palayamkottai Central Prison by the way of considering the petitioner’s
representation dated 26.08.2026.
For Petitioner(s) : Mr.R.Venkatesan
For Respondent(s) : Mr.G.Karuppasamy Pandiyan
Additional Public Prosecutor
ORDER
(Order of the Court was made by M.Nirmal Kumar J.)
The prayer in this writ petition is for the issuance of a writ of
mandamus directing the respondents 1 to 4 to extend the furlough granted
under the order dated 03.06.2026 in No.TNPCS/2680/2026-PS(JA)-4,
issued by the second respondent, for a further period of 60 days to the
petitioner’s brother, namely, Sankaranarayanan (PID No.16977), S/o.
Krishnasamy Thevar, aged 63 years, confined at Palayamkottai Central
Prison, by considering the petitioner’s representation dated 26.08.2026.
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WP Crl.(MD) No. 5807 of 2026
2. The petitioner is the sister of the convict prisoner,
Sankaranarayanan. She submitted a representation dated 26.08.2026,
seeking an extension of furlough for a further period of 60 days on the
ground that her mother, Rakkamal, aged about 90 years, requires medical
aid and support, and that her brother, the convict prisoner, needs to be by
their mother’s side to provide moral support . Earlier, she had approached
this Court in W.P.(Crl.)(MD)No.4763 of 2026, and this Court, by order
dated 21.08.2026, disposed of the writ petition by directing the
respondents to consider the representation dated 20.07.2026, which was
also made on similar grounds. Hence, she submitted a second
representation dated 26.08.2026, along with a copy of the said order.
However, no decision has been taken till date. Hence, she has filed the
present writ petition.
3. The learned Additional Public Prosecutor appearing for the
respondents submits that the order passed by this Court in the petitioner’s
earlier writ petition was received on 21.09.2026. Thereafter, the
petitioner’s representation, along with a copy of the said order and the
letters from the Superintendent, Central Prison, Palayamkottai, and the
Deputy Inspector General of Prisons, Madurai Region, was forwarded to
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WP Crl.(MD) No. 5807 of 2026
the Director General of Police/Director General of Prisons and
Correctional Services. The Director General of Police/Director General of
Prisons and Correctional Services, by communication dated 22.10.2026,
forwarded the matter to the Government, which is the competent
authority to grant a further extension of furlough. The petitioner’s
representation is presently under consideration by the Government.
4. This Court called for the records relating to the order passed in
W.P.(Crl.)(MD)No.4763 of 2026 and, upon perusal of the same, found
that the copy of the order had been despatched on 03.09.2026. It is further
seen from the records that the order was transferred on 25.08.2026, on
which date it would have been uploaded. The availability of the order in
the online system is sufficient for the authorities concerned to take note
of and act upon the same. Therefore, representations submitted by family
members seeking relief on behalf of convict prisoners are required to be
considered within a reasonable time and without undue delay.
5. The submission that the order dated 21.08.2026 passed in
W.P.(Crl.)(MD)No.4763 of 2026 was received only on 21.09.2026
cannot be accepted as a justification for the delay, particularly when the
order had been despatched on 03.09.2026 and had been available online.
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WP Crl.(MD) No. 5807 of 2026
The authorities could have acted upon the order by obtaining a copy from
the online system, especially in view of the nature of the relief sought by
the petitioner.
6. In view of the above, this Court directs the first respondent to
consider the petitioner’s representation dated 26.08.2026 and pass
appropriate orders on merits and in accordance with law within a period
of two weeks from today. The first respondent shall also report
compliance before this Court.
7. Post the matter on 11.11.2026 under the caption “For Reporting
Compliance.”
(M.N.K.,J.) (T.M.C.,J.)
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
sji
Note : Issue order copy on 27.10.2026
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WP Crl.(MD) No. 5807 of 2026
To
1. The Secretary to Government,
The State of Tamilnadu,
Home (Prison IV) Department,
Secretariat,
Fort St.George,
Chennai-600 009.
2. The Director General of Police and Correctional Services
Whannels Road,
Egmore,
Chennai-600 008.
3. The Deputy Inspector General of Prisons and Correctional Services
Madurai Range,
Madurai Central Prison Campus,
New Jail Road,
Madurai-625 016.
4. The Superintendent of Police
Central Prison,
Palayamkottai.
5. The Inspector Of Police,
Sivakasi East Police Station,
Virudhunagar District.
6. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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WP Crl.(MD) No. 5807 of 2026
M.NIRMAL KUMAR, J.
AND
THIRUMAGAL CHANDRASEKAR, J.
sji
WP Crl.(MD) No. 5807 of 2026
26-10-2026
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