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Madras High CourtWP Crl./1031/2026allowed

Manisha v. State Of Tamilnadu Rep. By Its Secretary To Government

2026-06-04Honourable Dr.Justice Anita Sumanth,Honourable Mr.Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN W.P.Crl.No. 1031 of 2026 Manisha W/o.Murugesh, No. 162, Bharathipuram, Kasipalayam, Surampatti, Erode District - 638 009.

..Petitioner Vs

1) State of Tamilnadu Rep. by its Secretary to Government Home Department, Secretariat, Fort St.George, Chennai 600 009.

2) The Director General of Prisons and Correctional Services, Tamilnadu Prisons and Correctional Services Department, No. 6, Annai E.V.R.Maniammaiyar Salai, Egmore,

3) The Deputy Inspector General of Prisons, Coimbatore Range, Coimbatore Central Prison Campus, Gandhipuram,

4) The Superintendent of Prison Central Prison, Coimbatore

5) The Jailor District Jail, Gobichettipalayam, Erode District.

..Respondent(s) W.P.Crl.No. 1038 of 2026 Baby W/o Manoharan, No.55, Muthukumarasamy Lane, Chennimalai Main Road, Erode District - 638 051 .. Petitioner vs

1) State of Tamilnadu Rep. by its Secretary to Government Home Department, Secretariat, Fort St.George, Chennai 600 009.

2) The Director General of Prisons and Correctional Services, Tamilnadu Prisons and Correctional Services Department, No. 6, Annai E.V.R.Maniammaiyar Salai, Egmore,

3) The Deputy Inspector General of Prisons Coimbatore Range, Coimbatore Central Prison Campus, Gandhipuram,

4) The Superintendent of Prison Central Prison, Coimbatore

5) The Jailor District Jail, Gobichettipalayam, Erode District.

Respondents

Prayer in W.P.Cr.No.1031 of 2026 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to transfer the petitioner's husband namely Murugesh @ Murugesan S/o.Palanisamy, aged 33 years, TDPA Prisoner No. 711, from Central Prison, Coimbatore to District Jail, Gopichettipalayam, Erode District, by considering the petitioner's representation dt. 10.02.2026 preferred to the respondents in accordance with law within the time stipulated by this Hon'ble Court. Prayer in W.P.Cr.No.1038 of 2026 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to transfer the petitioner's son namely Madhan, S/o.Manoharan, aged 31 years, TDPA Prisoner No. 712, from Central Prison, Coimbatore to District Jail, Gopichettipalayam, Erode District, by considering the petitioner's representation dt. 10.02.2026 preferred to the respondents in accordance with law within the time stipulated by this Hon'ble Court. For Petitioner(s):

Mr.S.Mohamed Ansar (in both petitions) For Respondent(s):

Mr. C.R. Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side) [in both petitions] COMMON ORDER (Order of the Court was made by Dr.Anita Sumanth J.) The prayer is for a mandamus to consider the representation directing the authorities to transfer the petitioner's husband (in W.P.Crl.No.1031 of 2026) and petitioner's son (in W.P.Crl.No.1038 of 2026) who are presently confined in Central Prison, Coimbatore to District Jail, Gobichettipalayam.

2. In fact, the petitioner in both the writ petitions have made representations to similar effect on 10.02.2026 and those representations are pending.

3. Though on 19.02.2026, the Superintendent of Prison/R4 appears to have rejected the same, since learned counsel for Government of Tamil Nadu (Criminal Side) would accede to the position that it is the Inspector General of Prisons and Correctional Services (not arrayed in these writ petitions) who is the competent authority to consider the same, there is a direction to the Inspector General of Prisons and Correctional Services, Tamil Nadu Prisons and Correctional Services Department to consider the representations of the petitioners' dated 10.02.2026 and pass order in accordance with law and extant rules within a period of four weeks from date of receipt of a copy of this order.

4. These writ petitions are allowed. No costs. (A.S.M.,J.) (S.M.,J.) 04-06-2026 Index: Yes/No Speaking order mpl To

1. The Secretary to Government Home Department, Secretariat, Fort St.George, Chennai 600 009.

2. The Director General of Prisons and Correctional Services Tamilnadu Prisons and Correctional Services Department, No. 6, Annai E.V.R.Maniammaiyar Salai, Egmore,

3. The Deputy Inspector General of Prisons Coimbatore Range, Coimbatore Central Prison Campus,

4. The Superintendent of Prison Central Prison, Coimbatore

5. The Jailor District Jail, Gobichettipalayam, Erode District.

6. The Public Prosecutor, High Court, Madras.

DR.ANITA SUMANTH J.

AND SUNDER MOHAN J.

mpl 04-06-2026