D.Azhakar @ Valarntha Azhagar v. Government Of Tamilnadu

IN THE HIGH COURT JUDICATURE AT MADRAS

DATED: 18.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.6739 of 2015 and M.P.No.1 of 2015 D.Azhakar @ alias 'Valarntha Azhagar'

... Petitioner Vs.

1. Government of Tamil Nadu through its Secretary, Home Department, Secretariat Fort. St. George, Chennai - 600 009.

2. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. Additional Director General of Police (Prisons) CMDA Tower - II, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

4. The Superintendent of Prison, Central Prison Puzhal - I, Puzhal, Chennai - 600 066.

5. The Superintendent of Prison, Central Prison, Cuddalore - 607 004.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the fourth respondent not to transfer the petitioner from Central Prison - I, Puzhal to Cuddalore Central Prison. For Petitioner : Mr.D.Gopal For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking for a direction to the fourth respondent not to transfer the petitioner from the Central Prison, Puzhal to the Cuddalore Central Prison.

2. The learned Additional Public Prosecutor on instructions, would submit that the petitioner is a life convict and he was temporarily transferred to the Central Prison, Puzhal from Central Prison, Cuddalore for medical treatment. The petitioner is undergoing medical treatment even now and immediately after the completion of the medical treatment, the petitioner will be shifted back to the Cuddalore Central Prison. The learned Additional Public Prosecutor submitted that this was an administrative decision taken by the Additional Director General of Police (Prisons), Egmore, Chennai.

3. In view of the above, the relief as sought for by the petitioner cannot be granted by this Court and immediately after the completion of the medical treatment, the petitioner shall be shifted back to the Cuddalore Central Prison. Accordingly, this Writ Petition is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar dh/kp To

1. The Secretary, Home Department, Secretariat Fort. St. George, Chennai - 600 009.

2. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. Additional Director General of Police (Prisons) CMDA Tower - II, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

4. The Superintendent of Prison, Central Prison Puzhal - I, Puzhal, Chennai - 600 066.

5. The Superintendent of Prison, Central Prison, Cuddalore - 607 004.

6. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.D.Gopal, Advocate Sr.No.4129 W.P.No.6739 of 2015 CSL/12.02.2019