Kalaiselvi v. State By The Director General Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and W.M.P.No.6974 of 2025 KALAISELVI
...Petitioner in both W.Ps
Vs.
1. State By The Director General Of Prisons Office Of The DGP Gandhi Irwin Road, Egmore, Chennai-600 008 2.The Superintendent Of Prisons Central Prison, Coimbatore-18 3.The Superintendent Of Prison Central Prison, Vellore-632 002 ... Respondents in W.P.No.6343 of 2025
1. The Director General Of Prison Cmda Tower- II, No.1, Gandhi Irwin Road, Egmore, Chennai.
2.The Deputy Inspector General Of Prison Vellore Range, Vellore.
3.The Deputy Inspector General Of Prison Coimbatore Range, Coimbatore.
4.The Superintendnet Of Prison Vellore Central Prison, Vellore.
5.The Superintendent Of Prison Coimbatore Central Prison, Coimbatore.
...Respondents in W.P.No.39144 of 2024
Prayer in W.P.No.6343 of 2025: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records in the order bearing No.1/24453/2024 dated 03.06.2024 passed by respondent No.1 and quash the same, and direct the respondent No.1 to transfer the petitioner's son namely Thulasi @ Govindharajan, S/o. Arumugam, Remand prisoner from Central prison, coimbatore to Central Prison, Vellore. Prayer in W.P.No.39144 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent vide his proceedings in No.I/24453/2024 dated 03.06.2024 and quash the same as illegal and consequently direct the 1st respondent to transfer the petitioner's son Rajan @ Vasool Raja @ Thulasi Govindarajan in RP.No.4839, aged about 38 years to 4th respondent prison on Humanitarian ground in the interest of justice.
For Petitioner : Ms.S.Nadhiya in W.P.No.6343 of 2025 Mr.J.Vijayaraj in W.P.No.39144 of 2024
For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John in both W.Ps
ORDER
(Order of the Court was made by M.S.Ramesh J.) When the petitioner's son namely Rajan @ Vasool Raja @ Thulasi Govindarajan, S/o. Arumugam, confined in Coimbatore Central Prison, had sought for transfer to Vellore Central Prison, her request was rejected through an order dated 03.06.2024 by the first respondent herein. Challenging the same, the petitioner filed a writ petition in W.P.No.39144 of 2024. While the writ petition was pending, the same petitioner had once again challenged the same rejection order dated 03.06.2024 before this Court in another writ petition in W.P.No.6343 of 2025.
2. In the affidavit filed in support of the second writ petition in W.P.6343 of 2025, she had not disclosed about the earlier writ petition filed by her in W.P.No.39144 of 2024. Such a suppression of material fact would amount to an abuse of process of law and would be an interference to the administration of justice. In this background, we are of the view an exemplary cost can be imposed on the petitioner herein.
3. In view of the suppression of material facts and also by taking into account that the first respondent have rejected the petitioner's request for transfer on administrative grounds owing to the safety and security of the petitioner, no interference requires in the impugned order.
4. Accordingly, these Writ Petitions stand dismissed with cost of Rs.10,000/- (Rupees Ten Thousand only) payable to the Chief Justice Relief Fund, Madras High Court within a period of two (2) weeks from today. No costs. Consequently, connected miscellaneous petition is closed.
5. Post the matter on 27.03.2025 under the caption "for recording compliance".
[M.S.R., J] [N.S., J] 12.03.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu Note: Issue Order Copy on 13.03.2025 Upload the order copy forthwith
To
1. The Director General Of Prisons Office Of The DGP Gandhi Irwin Road, Egmore, Chennai-600 008 2.The Superintendent Of Prisons Central Prison, Coimbatore-18 3.The Superintendent Of Prison Central Prison, Vellore-632 002
4. The Director General Of Prison Cmda Tower- II, No.1, Gandhi Irwin Road, Egmore, Chennai.
5.The Deputy Inspector General Of Prison Vellore Range, Vellore.
6.The Deputy Inspector General Of Prison Coimbatore Range, Coimbatore.
7.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
Anu and W.M.P.No.6974 of 2025 12.03.2025