Palaniammal v. The Additional Director General of Police (Prison)

O R D E R [Order of the Court was made by N.ANAND VENKATESH, J.] This writ petition has been filed challenging the impugned proceedings of the second respondent made in No.579/U.the 2/2026 dated

01.06.2026 and for a consequential direction to the second respondent to grant ordinary leave to the petitioner's son, who is presently serving sentence at Central Prison, Madurai.

¶2Heard the learned counsel on either side.

¶3The petitioner's son was convicted for offence under NDPS Act for possessing commercial quantity of narcotic drug and he was sentenced to undergo 10 years imprisonment by the trial Court and the same was confirmed by this Court while dismissing the appeal filed by the convict in Crl.A.(MD).No.12 of 2021 by judgment dated 15.05.2025.

¶4The petitioner submitted a representation on the ground that her son has undergone sentence for more than nine years and that his help is required for arranging funds for the victim's daughter, who wants to join a Polytechnic College. The second respondent through the impugned proceedings dated 01.06.2026 rejected the representation made by the petitioner on the ground that there is a bar under Rule 21 of the Tamil Nadu Suspension of Sentence Rules, 1982, in granting ordinary leave, since the convict was convicted and sentenced for having possessed commercial quantity under the NDPS Act. Aggrieved by the same, the present petition has been filed before this Court.

¶5The learned counsel appearing for the petitioner submitted that the impugned order passed by the second respondent suffers from illegality and that considering the fact that the convict has undergone major part of the sentence and the reason assigned seeking for leave, the same should have been considered by the second respondent.

¶6In our considered view, there is a bar under Rule 21(h)(3) of the Tamil Nadu Suspension of Sentence Rules, 1982, in granting ordinary leave. This Court cannot disregard the said bar imposed by the Rules and grant granting ordinary leave. Useful reference can be made to the judgment of this Court in the case of Rajammal and Others vs. Deputy Inspector General of Prisons and Correctional Services Department, Madurai and Others reported in (2026) 2 MLJ (Crl) 476.

¶7In view of the above, we do not find any illegality in the order passed by the second respondent and accordingly, this writ petition (criminal) stands dismissed.

[N.A.V., J.] & [K.K.R.K., J.]

17.06.2026 NCC : Yes / No Index : Yes / No TSG Copy to

1.The Additional Director General of Police (Prison), Gandhi Irwin Road, Egmore, Chennai.

2.The Deputy Inspector General of Police, Madurai Range, Madurai District.

3.The Superintendent of Prison, Madurai Central Prison, Madurai.

4.The Intelligence Officer, Narcotics Control Bureau, Madurai Sub-Zone, Madurai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. N.ANANDoVENKATESHo,oJ. AND oK.K.RAMKRISHNAN,oJoo. TSG W.P.Crl.(MD).No.3189oofo2026

17.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH AND THE HONOURABLE MR.JUSTICE K.K.RAMKRISHNAN W.P.Crl.(MD).No.3189 of 2026 Palaniammal ....... Petitioner Vs. 1.The Additional Director General of Police (Prison), Gandhi Irwin Road, Egmore, Chennai. 2.The Deputy Inspector General of Police, Madurai Range, Madurai District. 3.The Superintendent of Prison, Madurai Central Prison, Madurai. 4.The Intelligence Officer, Narcotics Control Bureau, Madurai Sub- Zone, Madurai. ...... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the impugned rejection order issued by the second respondent in No. 579/U.the 2/2026 dated 01.06.2026 and quash the same and further directing the second respondent to grant ordinary leave and release the petitioner's son, namely, M.Pandian, s/o. Madasamy, who is 10 years convicted prisoner (No.PD37666) who is imprisonment in Madurai Central Prison on parole for 15 days by considering the petitioner's representation dated 20.05.2026. For Petitioner : Mr.A.Tajudeen For Respondents : Mr.D.Venkatesh, Counsel for the State of Tamil Nadu (Criminal Side)