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Madras High CourtWP Crl./1023/2026disposed of

M.Gowthaman v. The Additional Chief Secretary To Government,

2026-04-29Honourable Dr.Justice Anita Sumanth,Honourable Mr.Justice Sunder Mohan5 pages

2026:MHC:1650

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN M.Gowthaman S/o.Murugesan, No.142/1, Mandradiyar Nagar, Old Kottai Pudhur, Kuttapalayam Post, Kangeyam Taluk, Thiruppur District.

..Petitioner(s) Vs

1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The Director General of Police and Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prison, Central Prison, Coimbatore 641018.

..Respondent(s)

Prayer:

Writ Petition filed under Article 226 of Constitution of India for issuance of a WRIT OF MANDAMUS directing the respondents to release the petitioner's father namely Mr.Murugesan S/o.Kanniyappan, aged 58 years, Convict Prisoner, PID No.71997, Central Prison, Coimbatore, immediately on medical grounds, and thus render justice.

For Petitioner(s):

Mr.P.Pugalenthi For Respondent(s):

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John

ORDER

(Order of the Court was made by Dr.Anita Sumanth J.) The son of Murugesan, convict prisoner in Central Prison, Coimbatore has filed this Writ Petition seeking a mandamus directing the respondents to release his father on medical grounds.

2. The convict has been incarcerated under order dated 05.03.2025 for life. According to the petitioner, the convict has 100% visual disability and is hence eligible for pre-mature release under Rule 631 of the Tamil Nadu Prison Rules 2024.

3. The petitioner has also earlier approached this Court in W.P.No.1658 of 2025 and by order dated 15.12.2025, this Court has issued a direction to the respondents to consider the representation dated 10.11.2025 on merits and in accordance with law.

4. The prayer in that Writ Petition was similar to the prayer in the present matter. However, the authorities have, pursuant to order dated 15.12.2025, only conducted medical assessment of the convict by taking him to the Government hospital and the Medical Board. There is no progress as far as the request of the petitioner for pre-mature release of his father is concerned. It is hence, that the present Writ Petition has been filed.

5. In light of order dated 15.12.2025 directing the authorities to consider the prayer for pre-mature release, the authorities ought not to have tarried thus far, forcing the petitioner to approach this Court yet again.

6. In light of the aforesaid narration, since the representation of the petitioner for pre-mature release is pending since November, 2025, we direct the respondents to take note of the medical assessment, all other relevant considerations, Government orders and applicable Rules and Regulations and pass orders on the representation within a period of four (4) weeks from date of receipt of a copy of this order.

7. This Writ Petition is disposed as above.

(A.S.M.,J.) (S.M.,J.) 29-04-2026 sl Index: Yes/No Speaking order Note to Registry: Issue Today.

To

1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The Director General of Police and Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prison, Central Prison, Coimbatore 641018.

4. The Public Prosecutor, High Court of Madras.

DR.ANITA SUMANTH J.

AND SUNDER MOHAN J.

sl 29-04-2026