Manoharan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2024
CORAM:
THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Manoharan
...Petitioner
vs.
1.The State of Tamil Nadu Through the Secretary to Government, Home (Prison) Department, Fort St. George, Chennai-600 009.
2.The Deputy Inspector General of Prisons, Whannels Road, Egmore, Chennai-600 008.
3.The Superintendent of Prison, Central Prison, Cuddalore-607 401 4.The Superintendent of Prisons, Central Prison, Coimbatore-641 018.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to transfer the petitioner from Cuddalore Central Jail to Coimbatore Central
Jail, pursuant to the application filed by the petitioner. For Petitioner ::
Ms.Ramya Subramaniam For Respondents ::
Mr.A.Gokulakrishnan Additional Public Prosecutor Assisted by Mr.C.Aravind
ORDER
(Order of the Court was made by M.S.RAMESH,J.) The prayer in the present Writ Petition is for issuance of a Writ of Mandamus, directing the respondents to transfer the petitioner from Cuddalore Central Prison to Coimbatore Central Prison.
2. While the Writ Petition was pending, the Superintendent of Prisons had rejected the petitioner's request for transfer through a letter dated 13.02.2024, by placing reliance on G.O.(Ms).No.355, dated 05.04.2019, in which, it is reported that the petitioner is in the habit of causing self-inflicted injuries. Not being satisfied with the reasons assigned in the rejection order and by taking into account that both the petitioner's father and mother were
aged about 69 years and 68 years respectively and were residing at Angalakurichi, which is a village near Pollachi, Coimbatore, we had transferred the petitioner temporarily from Cuddalore Central Prison to Coimbatore Central Prison till 03.07.2024, to facilitate his aged parents to visit him in the prison.
3. After the interim arrangement, it is now reported by the Superintendent of Prisons, Coimbatore, that after the transfer, the petitioner had not indulged himself in any prison offences. The psychologist attached to the Central Prison has also certified that during his imprisonment at Coimbatore, there was no abnormal behaviour by the prisoner for the past six months.
4. In view of the favourable report of the prison authorities, as well as the psychologist and by taking note of the fact that the petitioner's imprisonment at Coimbatore will facilitate his aged parents to visit him regularly, we are inclined to entertain the prayer sought for in the present Writ Petition. Accordingly, the imprisonment of the petitioner viz.,
Manoharan, S/o.Ramaswami, aged about 37 years, shall be continued at Coimbatore Central prison. Consequently, the earlier rejection order dated 13.02.2024 passed by the Superintendent of Prisons shall stand quashed
5. Accordingly, the writ petition stands allowed. No Costs. (M.S.R.,J.) (S.M.,J.) 01.07.2024 Anu Copy to:- 1.Secretary to Government, Home (Prison) Department, Fort St. George, Chennai-600 009.
2.The Deputy Inspector General of Prisons, Whannels Road, Egmore, Chennai-600 008.
3.The Superintendent of Prison, Central Prison, Cuddalore-607 401 4.The Superintendent of Prisons, Central Prison, Coimbatore-641 018.
5.The Public Prosecutor, High Court, Madras.
M.S.RAMESH,J.
AND SUNDER MOHAN,J.
Anu 01.07.2024