M.Muthumari v. The Home Secretary
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.9583 OF 2021 M.Muthumari W/o.Murthi
...Petitioner
Vs.
1.The Home Secretary, Home Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Additional Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008.
3.The Superintendent of Prison, Vellore Central Prison, Vellore District.
4.The Superintendent of Prison, Trichy Central Prison, Trichy District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to transfer the petitioner's son Vasanthakumar s/o.Murthy, life convict, from Central Prison, Vellore to Central Prison, Trichy, based on the petitioner's representation dated 26.02.2021.
For Petitioner :
Mr.P.Muthamizh Selvakumar 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 second respondent to transfer the petitioner's son Vasanthakumar s/o.Murthy, life convict, from Central Prison, Vellore to Central Prison, Trichy, based on the petitioner's representation dated 26.02.2021.
2. It is the case of the petitioner that her son Vasanthakumar is a convict prisoner and he is undergoing sentence in Central Prison, Vellore. While so, the petitioner gave a representation dated 26.02.2021 for transferring Vasanthakumar from Central Prison, Vellore to Central Prison, Trichy and thereafter, filed the present Writ Petition.
3. Heard the learned counsel for the petitioner and learned Government Advocate [crl.side] appearing for the respondents.
4. On instructions, learned Government Advocate [crl.side] submits that the representation given by the petitioner has been rejected by the prison authorities on 20.07.2021 on the ground that on account of Covid-19 pandemic situation, transfer of prisoners from one prison to another prison has been kept in abeyance temporarily.
5. We do not find any infirmity in the order dated 20.07.2021 as the reason given therein appears to be acceptable in the given situation that is obtaining in the State. Accordingly, this Writ Petition is closed with liberty to the petitioner to submit a fresh representation after normalcy returns. No costs.
Sd/- Assistant Registrar (CS-IV) // True Copy // Sub Assistant Registrar gm
To 1.The Home Secretary, Home Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Additional Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008.
3.The Superintendent of Prison, Vellore Central Prison, Vellore District.
4.The Superintendent of Prison, Trichy Central Prison, Trichy District.
5.The Public Prosecutor, High Court, Madras.
Writ Petition No.9583 of 2021 KSM(CO) RVM(27/08/2021)