R.Thahira v. Inspector General Of Prisons

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MS.JUSTICE R.N.MANJULA WRIT PETITION NO.8416 OF 2021 AND W.M.P.NO.8961 OF 2021 R.Thahira W/o.C.S.Rasheed .. Petitioner Vs.

1. The Inspector General of Prisons, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Deputy Inspector General of Prisons, Coimbatore Region, Gandhipuram, Coimbatore - 18.

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

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to transfer the petitioner's son Riyaz Ahmed s/o.C.S.Rasheed (CP No.16864) from Central Prison, Cuddalore, to Central Prison, Coimbatore, based on the representation dated 16.02.2021 of the petitioner.

For Petitioner : Mr.C.D.Sugumar For Respondents : Mr.R.Muniyapparaj Government Advocate[Crl.side]

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to transfer the petitioner's son Riyaz Ahmed s/o.C.S.Rasheed (CP No.16864) from Central Prison, Cuddalore, to Central Prison, Coimbatore, based on the petitioner's representation dated 16.02.2021.

2. It is the case of the petitioner that her son Riyaz Ahmed s/o.C.S.Rasheed (CP No.16864) is a convict prisoner and is undergoing sentence in Central Prison, Cuddalore. The petitioner gave a representation dated 16.02.2021 praying for transferring her son Riyaz Ahmed from Central Prison, Cuddalore to Central Prison, Coimbatore. Thereafter, the present petition has been filed.

3. Today, when the matter is taken up for hearing, learned Government Advocate [crl.side] submits that the petitioner's representation dated 16.02.2021 was considered by the prison authorities and the same was rejected by order dated 06.08.2021.

4. In view of the aforesaid submission, we direct the respondents to serve a copy of the rejection order dated 06.08.2021 on the petitioner.

5. Learned Government Advocate [crl.side] submits that he would also share a copy of the rejection order dated 06.08.2021 with the learned counsel for the petitioner.

Accordingly, this Writ Petition is closed with liberty to the petitioner to challenge the rejection order, if she is so advised. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar gm To

1. The Inspector General of Prisons, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Deputy Inspector General of Prisons, Coimbatore Region, Gandhipuram, Coimbatore - 18.

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

4. The Public Prosecutor, High Court, Madras.

Writ Petition No.8416 of 2021 KSM(CO) RLP(21/09/2021)