Jeya vs The Secretary to Government
- Court
- Madras High Court
WP Crl.(MD) No. 5253 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29-10-2026
CORAM
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR
AND
THE HON'BLE MR.JUSTICE N.GUNASEKARAN
WP Crl.(MD) No. 5253 of 2026
CNR:{HCMD011179942026}
Jeya ..Petitioner(s)
Vs
1. The Secretary to Government
Home Department (Prison),
Government of Tamilnadu,
Secretariat,
Chennai - 600 009.
2. The Director General of Prisons and Correctional
Services
Prison Department,
Gandhi Irwin Road,
Egmore,
Chennai 600 008.
3. The Inspector General of Prisons
Trichy Range,
Trichy.
4. The Superintendent of Prison
Central Prison,
Madurai.
5. The Superintendent of Prison
Central Prison,
Trichy. ..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, too issue a Writ of Mandamus, directing the second respondent to
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consider the petitioner’s representation dated 04.08.2026 and
consequently transfer petitioner’s son Arun@ Arunkumar, aged 33years,
th
S/o.Gopal, PID No.526299, presently confined in the 5 respondent’s
th
Prison to the 4 respondent’s Central Prison/Central Prison, Madurai, on
humanitarian grounds, within a time frame to be fixed by this Court.
For Petitioner(s) : Mr.J.Yogeswaran
For Respondent(s) : Mr.G.Karuppasamy Pandiyan
Additional Public Prosecutor
ORDER
(Order of the Court was made by M. NIRMAL KUMAR J.)
The petitioner, who is the mother of the convict prisoner, has filed
this petition seeking a direction to the second respondent to consider the
petitioner's representation dated 04.08.2026 and consequently transfer her
son, Arun @ Arunkumar, aged 33 years, S/o. Gopal, PID No.526299,
th th
presently confined in the 5 respondent's prison, to the 4 respondent's
Central Prison, Madurai, on humanitarian grounds, within a time frame to
be fixed by this Court.
2. The case of the petitioner is that she is a single woman and the
only person who visits her son and provides him with moral and
emotional support. Her son was involved in a criminal case in Crime
No.29 of 2019 and was convicted by the learned Special Court for
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POCSO Cases, Dindigul, on 20.07.2023, in Special Sessions Case No.22
of 2023, and sentenced to undergo 10 years of rigorous imprisonment.
Thereafter, he filed an appeal, which is pending. Initially, after his
conviction, he was confined in the Central Prison, Madurai, and the
petitioner was regularly visiting him. Suddenly, for administrative
reasons, the convicts from the Central Prison, Madurai, and the Dindigul
District Prison were transferred to Trichy Central Prison on the ground
that the Central Prison, Madurai, was overcrowded. Due to the sudden
transfer, the petitioner has been put to great hardship, as she is unable to
visit her son as frequently as before. The distance from her residence to
the prison was only 20 kilometres, whereas it is now 200 kilometres,
making it very difficult for her to visit her son. Hence, on humanitarian
grounds, the petitioner seeks consideration of her representation and the
re-transfer of her son.
3. The learned Additional Public Prosecutor filed a status report,
from which it is seen that the petitioner and her family members are in
regular contact with and visit Arun @ Arunkumar. So far, the prisoners
have been provided with e-Mulakat (Video Conferencing Call) and
telephone call facilities, as permitted under the Prison Rules. The convict
prisoner, Arun @ Arunkumar, has utilised the e-Mulakat (Video
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Conferencing Call) and telephone call facilities on 136 occasions to
contact his relatives. Further, his relatives have physically interviewed
him on 125 occasions. Since the Central Prison, Madurai, has an
approved capacity of only 1,612 prisoners, the position as of 17.09.2026
is that there are 2,576 inmates in the prison. Correspondingly, the
approved capacity of Trichy Prison is 2,517, whereas the present inmate
population is only 1,855. Hence, for administrative convenience, the
prisoners have been transferred from Madurai to Trichy. Overcrowding
could not only lead to chaos in the prison and also result in the spread of
epidemics and strain the availability of other facilities. He further
submitted that such transfers were made for administrative convenience
and the well-being of the prisoners. This transfer is only temporary, and
as and when the overcrowding is reduced and sufficient space becomes
available, the petitioner's request would be given priority and considered.
At present, however, such a transfer is not possible.
4. This Court, at an earlier hearing held on 17.09.2026, had
requested Mr. Alagumani, Senior Member of the Bar, to furnish details
regarding overcrowding in prisons, the difficulties faced by prisoners, and
to offer suggestions for bringing about necessary reforms in the prison
system.
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5. Pursuant thereto, Mr. Alagumani, Senior Member of the Bar,
filed a report and submitted that the prison population statement dated
02.09.2026 shows that several Central Prisons in Tamil Nadu are
functioning beyond their authorised accommodation. The relevant figures
are as follows:
S.No. Central Prison Authorised
Accommodation
Total
Prisoners
Occupancy
1. Central Prison-I,
1250 1418 113.4%
Puzhal
2. Central Prison-II,
2000 3493 174.7%
Puzhal
3. Central Prison,
2130 1238 58.1%
Vellore
4. Central Prison,
723 1046 144.7%
Cuddalore
5. Central Prison,
2517 1931 76.7%
Trichy
6. Central Prison,
1431 1522 106.4%
Salem
7. Central Prison,
2124 2692 126.7%
Coimbatore
8. Central Prison,
1612 2665 165.3%
Madurai
9. Central Prison,
1332 1833 137.6%
Palayamkottai
He had also referred to the judgments of the Hon'ble Supreme
Court of India and made suggestions regarding the steps to be taken for
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identifying prisoners who are unable to furnish bail bonds or sureties,
prisoners eligible for probation, providing legal assistance, expanding
open correctional institutions, identifying prisoners who are unable to
pursue further legal remedies, and conducting prison-wise reviews for
premature release.
6. The learned Additional Public Prosecutor also furnished details
of the prisoners who had completed 14 years of imprisonment in Trichy
Central Prison and Madurai Central Prison, in respect of whom no steps
had been taken for premature release. The learned Additional Public
Prosecutor further filed a status report setting out the details of prison
overcrowding and the steps taken by the authorities to address the issue
by constructing additional blocks and establishing new prisons. The
relevant portion of the status report is extracted below:
Prison/Jail Capacit
Present
Action Taken to Reduce
Present status
y
Lock-
Overcrowding
up
Central
Prison-II,
2000 3458 i. Construction of
Additional
Accommodation for
1,000 prisoners.
Additional block
under construction.
The tentative date
of completion of the
Central Prison II
Chennai is
31.05.2027
Chennai
Tiruvallur
Annuncement made
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WP Crl.(MD) No. 5253 of 2026
during the year
2026-2027 for
establishment of
New District Jail
complex in District
at a cost of
Rs.48.76 crore.
ii. Proposed New District
Jail at Tiruvallur.
Central
2124 2463 Relocation of Central
Prison, Coimbatore with
2500 capacity
Under
Construction. The
tentative date of
completion of the
Central Prison
Complex at
Coimbatore is
31.07.2027
Prison,
Coimbatore
Central
1612 2576 Relocation of Central
Prison, Madurai with
2500 capacity.
Under
Construction. The
tentative date of
completion of the
Central Prison
Complex at
Madurai is
31.07.2027
Prison,
Madurai
Central
1332 1830 Proposal for New District
Jail at Tenkasi with 500
prisoners capacity.
Land identification
in progress
Prison,
Palayamkott
ai
Central
723 1050 Establishment of Young
Offender Correctional
Facility (YOCF) with
100 prisoners capacity.
Work completed;
the facility will
commence
functioning from
15.10.2026.
Prison,
Cuddalore
Central
2517 1855 i. New District Jail,
Thanjavur with 500
prisoners capacity.
Work order issued
to TNPHC. Work
under progress.
Prison,
Tiruchirappa
lli
80-85% of the
construction work
has been completed.
High Security
Prison will be
started from
01.04.2027.
ii. Establishment of High
Security Prison with 300
prisoners capacity.
Central
1431 1448 New District Jail,
Complex at Salem with
Land identified.
Government orders
Prison,
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Salem capacity of 800 prisoners,
Special Sub Jail for
Women with capacity of
100 prisoners and Open
Air Prison 50 prisoners.
will be issued soon.
7 . The learned Additional Public Prosecutor further submitted that,
based on the aforesaid measures, the prison capacity in the State would be
enhanced from the present capacity of 24,148 inmates to 28,863 inmates,
resulting in an additional accommodation capacity of 4,715 inmates. This
would ensure better accommodation, improved management of inmates
and effective mitigation of overcrowding. At present, these measures are
at various stages of implementation, including ongoing construction
works and approved proposals, and are expected to substantially reduce
overcrowding in the identified prisons in a phased manner.
8. The learned Additional Public Prosecutor further submitted that
the prison authorities are taking all necessary steps to address the
suggestions made by Dr. Alagumani. He also submitted that the Principal
District Judges (PDJs), Chief Judicial Magistrates (CJMs) and the District
Legal Services Authorities are making regular visits to the prisons,
interacting with the prisoners and taking steps to redress their grievances
and address the difficulties faced by them. Further, the Defence Legal
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Aid Counsel are also making regular visits to the prisons and enquiring
with the prisoners and the prison authorities to ascertain whether any
prisoner requires legal assistance, and they immediately address such
issues.
9. With regard to Open Air Prisons, the Government has taken a
policy decision to establish an Open Air Prison in each Central Prison,
and steps have been taken in this regard. He further submitted that,
pursuant to the judgment of the Hon’ble Supreme Court of India in Suhas
Chakma v. Union of India & Others, reported in 2024 SCC OnLine SC
3031 : 2024 INSC 813 : (2024) 10 SCR 1769 , a committee has been
constituted to monitor the facilities provided to prisoners and their
welfare, and to ensure that no prisoner is made to undergo detention
beyond the period of sentence merely on account of non-payment of the
surety amount or fine. On the administrative side, the authorities have
also been regularly interacting with the Committees of this High Court
and the Judicial Officers to ensure that the prisoners do not face any
difficulties and that all necessary facilities are provided to them.
10. Having considered the submissions made by the learned
counsel on either side and perused the materials available on record, this
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Court is of the view that it is not in dispute that not only the Central
Prison, Madurai, but also other prisons in the State are functioning
beyond their authorised capacity. In such circumstances, the transfer of
prisoners to nearby prisons, wherever necessary, for administrative
convenience and for their welfare cannot be avoided. The respondents
have submitted that the transfer of the prisoners is only temporary and
that, as and when the overcrowding is reduced and sufficient
accommodation becomes available, the petitioner's request would be
considered on priority basis and her son would be transferred to the
Central Prison, Madurai.
11. With the above observations, the Writ Petition (Criminal)
stands disposed of.
(M.N.K.,J.) (N.G.N.,J.)
29-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
sji
To
1. The Secretary to Government
Home Department (Prison)
Government of Tamilnadu
Secretariat
Chennai - 600 009
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2. The Director General of Prisons and Correctional Services
Prison Department
Gandhi Irwin Road
Egmore
Chennai 600 008
3. The Inspector General of Prisons
Trichy Range
Trichy
4. The Superintendent of Prison
Central Prison
Madurai
5. The Superintendent of Prison
Central Prison
Trichy
6. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai
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M.NIRMAL KUMAR, J.
AND
N.GUNASEKARAN, J.
sji
WP Crl.(MD) No. 5253 of 2026
29-10-2026
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