Visalakshi v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Mrs.Visalakshmi ..
Petitioner/ Vs.
1. The State of Tamil Nadu Represented by its Secretary Home (Prison) Department Fort St.George Chennai - 600 009
2. The Additional Director General of Police and Inspector General of Prison Tamil Nadu Prison Department Gandhi-Irwin Road, Egmore Chennai - 600 008
3. The Superintendent of Prison Central Prison, Puzhal -1 Chennai
4. The Superintendent of Prison Central Prison Vellore ... Respondents Page Nos.1/8
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 2nd respondent to consider the representation of the petitioner dated 09.03.2023 to permanently lodge petitioner's husband in the Central Prison, Puzhal-I, Chennai for rest of his sentence period considering his present medical situation and ailments by transferring him from Central Prison,Vellore to Central Prison, Puzhal -I, Chennai to undergo further medical treatment at Rela Hospital, Chennai specialised in Liver Transplant Treatment.
For Petitioner :
Mr.G.Mohana Krishnan For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.A.Narkeeran, Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned writ petition.
2. The central theme of the captioned writ petition is, transfer of a convict prisoner P.Nagendran (Convict No.1236) now lodged in Vellore Prison to Central Prison I, Puzhal in Chennai on the ground that he is undergoing treatment for renal ailment.
Page Nos.2/8
3. Mr.G.Mohanakrishnan, learned counsel on record for the petitioner submits that name of the writ petitioner has been wrongly typed as Visalakshmi. This error is there in the representation also. However, we are informed without any disputation that the name of the writ petitioner is Visalakshi. Therefore, the petitioner's name shall be read as Visalakshi.
4. Captioned writ petition has been filed with a mandamus prayer qua a representation dated 09.03.2023 seeking transfer in the aforesaid manner.
5. Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.A.Narkeeran, learned counsel, for all the four respondents has filed a counter affidavit sworn to by the fourth respondent along with a typed-set of papers.
6. It may not be necessary to advert to the counter affidavit or the contents thereat in the light of 'order dated 28.03.2023 bearing reference No.19706/rpe2-2021 made by the second respondent' [hereinafter 'said order' for the sake of brevity and convenience]. To be noted, the said order has been annexed as part of the aforementioned typed-set and a scanned reproduction of the same is as follows:
Page Nos.3/8
Page Nos.4/8
Page Nos.5/8
7. As the captioned writ petition is one for mandamus qua a representation dated 09.03.2023 and the representation has since been disposed of vide said order, we deem it appropriate to drop the curtains on the captioned writ petition albeit making it clear that all the rights and contentions of the petitioner and/or any one concerned for the convict prisoner are preserved to challenge the aforementioned said order in a manner known to law if so advised or if so desired. If such a course of action is taken, the challenge to said order will be considered on its own merits and in accordance with law uninfluenced by this order or this case. Captioned writ petition disposed of in the aforesaid manner albeit preserving the rights in the aforesaid manner. (M.S.,J.) (M.N.K.,J.) 11.04.2023 Index : Yes/No gpa Page Nos.6/8
To
1. The Secretary Home (Prison) Department Fort St.George Chennai - 600 009
2. The Additional Director General of Police and Inspector General of Prison Tamil Nadu Prison Department Gandhi-Irwin Road, Egmore Chennai - 600 008
3. The Superintendent of Prison Central Prison, Puzhal -1 Chennai
4. The Superintendent of Prison Central Prison Vellore Page Nos.7/8
M.SUNDAR, J., and M.NIRMAL KUMAR, J., gpa 11.04.2023 Page Nos.8/8