Meena v. The State Represneted By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Meena ... Petitioner/wife of the detenue Vs.
The State represented by its, 1.The Secretary to Government of Tamilnadu, Department of Home, Fort St.George, Chennai-600 009.
2.The Additional Director General of Prison, Egmore, Chennai-600 008.
3.The Superintendent, Central Prison, Coimbatore-641 018.
4.The Superintendent, Central Prison, Salem.
... 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 the detenue, Boopathy @ Manikandan, S/o.Periyasamy, aged about 35 years, Convict Prisoner, Convict No.22748 from Central Prison, Coimbatore to Central Prison, Salem permanently. For Petitioner : Mr.P.Bakiyaraj For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.Aravind.C
ORDER
(Order of the Court was made by M.S.RAMESH, J.) The petitioner's husband, named, Boopathy @ Manikandan, S/o.Periyasamy, aged about 35 years, Convict No.22748, confined at Central Prison, Coimbatore, has come forward with this writ petition seeking transfer of her husband from Central Prison, Coimbatore to Central Prison, Salem.
2.The petitioner states that her husband was convicted and sentenced to undergo life imprisonment in S.C.No.18 of 2016 vide order of the learned Sessions Judge (Fast Track Court, Mahila), Namakkal. It is stated that her husband has been confined at Central Prison, Coimbatore for the past four years. The petitioner's case is that since her in-laws are
aged persons, she could not leave them alone and travel a longer distance to meet her husband as she also has certain medical ailments. Therefore, she made a representation dated 04.03.2024 to the respondents seeking transfer of her husband from Central Prison, Coimbatore to Central Prison, Salem. 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. Having regard to the limited scope of the prayer in the writ petition, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this writ petition, directs the respondents to consider the representation of the petitioner dated 04.03.2024, seeking transfer of prison and pass appropriate orders on merits and in accordance with law, within a period of (4) four 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] 22.03.2024 Index: Yes/No Speaking/Non-speaking order Anu To 1.The Secretary to Government of Tamilnadu, Department of Home, Fort St.George, Chennai-600 009.
2.The Additional Director General of Prison, Egmore, Chennai-600 008.
3.The Superintendent, Central Prison, Coimbatore-641 018.
4.The Superintendent, Central Prison, Salem.
5.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and SUNDER MOHAN, J.
Anu 22.03.2024