Muthuramalingam v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Muthuramalingam ... Petitioner Vs.
1.The Director General of Police / Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai-600 008.
2.The Superintendent of Prison, Central Prison, Puzhal.
3.The Superintendent of Prison, Central Prison, Madurai.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to transfer petitioner's son from Central Prison, Puzhal to Central Prison, Madurai by considering the representation dated 18.01.2024 made by the petitioner for his son namely, Thirumurugan, S/o. Muthuramalingam, aged 32 years, convict prisoner, Ct.No.8983, Central Prison, Puzhal, Chennai. For Petitioner : Ms.S.Nadhiya For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C.Aravind
ORDER
(Order of the Court was made by M.S.RAMESH, J.) The petitioner, who is the father of the detenue viz., Thirumurugan, S/o. Muthuramalingam, aged 32 years, convict prisoner, confined at Central Prison, Puzhal, Chennai, has come forward with this writ petition to direct the respondents to transfer his son to Central Prison, Madurai. 2.The petitioner states that his son was arrested on 25.07.2017, and
thereafter, convicted under Section 8(c) r/w Section 20(b)(ii)(c) of the NDPS Act and sentenced to undergo 10 years rigorous imprisonment with penalty and in default, to undergo rigorous imprisonment for a period of three months. He submitted that his son has undergone more than seven years of imprisonment. Further, he stated that the petitioner along with his wife are residing in Madurai, as such, it was difficult for them to travel from Madurai to Puzhal, Central to visit the convict prisoner since the petitioner and his wife are having health issues. Therefore, the petitioner made a representation dated 18.01.2024 to the respondents to transfer his son from Central prison, Puzhal to Central prison, Madurai. Since the same has not been considered till date, she has come forward with this writ petition. 3.
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 4.
petition, directs the first respondent to consider the representation of the petitioner, dated 18.01.2024 to transfer his son from from Central Prison, Puzhal to Central Prison, Madurai and pass appropriate orders on merits and in accordance with law, within a period of (3) three weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner. 5.With the above direction, this writ petition is disposed of. No costs. [M.S.R., J] [S.M., J] 13.02.2024 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu
To 1.The Director General of Police / Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai-600 008.
2.The Superintendent of Prison, Central Prison, Puzhal.
3.The Superintendent of Prison, Central Prison, Madurai.
4.The Additional Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and SUNDER MOHAN, J.
Anu 13.02.2024