K.Maheswari v. The Deputy Inspector General Of Prisons

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2023 Coram The Hon'ble Mr. Justice M.SUNDAR and The Hon'ble Mr. Justice M.NIRMAL KUMAR K.Maheswari ... Petitioner -vs1.The Deputy Inspector General of Prisons, Head Quarters, Prison Head Quarter Campus, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prisons, Central Prison, Salem.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the representation dated 01.02.2023 made by the petitioner and to transfer the petitioner's brother Mr.Irusappan, Son of Varatharajan, Life Convict aged about 47 years from Central Prison, Salem to Central Prison, Puzhal, Chennai.

For Petitioner :

Ms.S.Nadhiya For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

[Order of the Court was made by M.SUNDAR, J.] This order will now dispose of the captioned Writ Petition. 2.This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 22.02.2023, which reads as follows:

'In the captioned writ petition, a convict prisoner's sister is the petitioner.` A representation dated 01.02.2023 to transfer the convict prisoner from Central Prison, Salem to Central Prison, Puzhal has been made and the captioned writ petition is to mandamus the respondents to dispose of this representation.

2.Today, Ms.S.Nadhiya, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned Additional

Public Prosecutor for both the respondents are before us. 3.Learned Prosecutor requests for a short accommodation to get instructions and revert to this Court. Request acceded to.

4.List one week hence. List on 01.03.2023.'

3.Today, Ms.S.Nadhiya, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for the respondents are before us.

4.Learned Additional Public Prosecutor adverting to the earlier proceedings submitted that the representation dated 01.02.2023 has since been disposed of in and by proceeding/order dated 28.02.2023 bearing reference K:/K/vz/8146-rpe/2-2023 A scanned reproduction of 28.02.2023 proceedings as placed before us is as follows:

5.In the light of the narrative thus far, captioned Writ Petition is disposed of preserving all the rights and contentions of the petitioner to challenge the aforementioned 28.02.2023 order raising all points available to the petitioner including the points canvassed in the captioned Writ Petition. If such a challenge is made to aforementioned 28.02.2023 proceedings, the same shall be considered on its own merits and in accordance with law.

6.In the light of the narrative thus far, captioned Writ Petition is disposed of as closed albeit preserving the rights of the petitioner in the aforesaid manner. There shall be no order as to costs. (M.S,J.) (M.N.K.,J.) 01.03.2023 Index:Yes/No cse

M.SUNDAR, J.

and M.NIRMAL KUMAR, J.

cse To 1.The Deputy Inspector General of Prisons, Head Quarters, Prison Head Quarter Campus, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prisons, Central Prison, Salem.

01.03.2023