Dr.Thaadi Venkata Suri Apparao v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Dr.Thaadi Venkata Suri Apparao ... Petitioner Vs.
1.The State Represented by its Secretary to Government, Tamil Nadu Home (Prison-IV) Department Fort St. George Chennai 600 009 2.The Addl. Director General of Prisons Addl. Director General of Prisons CMDA Tower (II) No.1, Gandhi Irwin Road, Egmore Chennai 600 008 3.The Superintendent of Prisons Central Prison - I Puzhal, Chennai 600 066 4.The State of Andhra Pradesh Represented by Home Secretary Secretariate, Andhra Pradesh
5.The Addl. Director General of Prisons Inspector General of Police, State of Andhra Pradesh Andhra Pradesh 6.The Superintendent of Prisons Central Prison Vishakapatnam Andhrapadesh 530040 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to take steps to transfer the petitioner / detenu, Dr.Thaadi Venkata Suri Apparao, S/o.Mr.Thaadi Nookkana, aged about 43 years, Convict Prisoner, Convict No.10443, Central Prison-1, Puzhal, Chennai 600 066 from 3rd respondent, Central Prison to the 6th respondent, Central Prison by considering the petitioner's representation dated 15.01.2025. For Petitioner : Mr.N.Vishuvardhan For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
This petition is filed for the issuance of Writ of Mandamus, to
direct the respondents to take steps to transfer the petitioner / detenu, Dr.Thaadi Venkata Suri Apparao, S/o.Mr.Thaadi Nookkana, aged about 43 years, Convict Prisoner, Convict No.10443, Central Prison-1, Puzhal, Chennai 600 066 from 3rd respondent, Central Prison to the 6th respondent, Central Prison by considering the petitioner's representation dated 15.01.2025.
2. The petitioner was incarcerated at Central Prison - 1, Puzhal, Chennai from 02.09.2023 after getting convicted for the offence U/s.498(A) and Section 306 IPC and sentenced to undergo R.I. for 10 years by the Mahalier Needhimandram, Egmore, Chennai in S.C.No.523 of 2010. An appeal was preferred in 748 of 2012 before this Court, which was dismissed. The petitioner's permanent residence is in Andhra Pradesh. During the petitioner's settlement in Chennai with his family, FIR was registered in Crime No.248 of 2010 and his conviction was confirmed and he was sentenced to undergo imprisonment at 3rd respondent Prison on 14.09.2012. Since the petitioner hails from Andhra Pradesh, it is very hard for the petitioner to meet his aged mother, second
wife and the child only because he is 3rd respondent prison. The petitioner's mother is a senior citizen with a bad health and getting deteriorated by the day and it is not possible for her to travel from Vishakapatnam to Chennai. Hence, the petitioner has made a representation dated 15.01.2025 to the prison authorities, seeking for a transfer from the 3rd respondent prison to the 6th respondent prison, since the same was not considered till date, the petitioner has preferred the above petition.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article
226 of Constitution of India and direct them to consider the same within a stipulated time.
5. In view of the above observation, 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 15.01.2025, seeking for transfer from 3rd respondent prison to 6th respondent prison, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.
6. With the above direction, this Writ Petition stands disposed of. No costs.
[M.S.R, J.] [N.S, J.] 21.04.2025 kas Index: Yes/No
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
kas To 1.The Secretary to Government, Tamil Nadu Home (Prison-IV) Department Fort St. George, Chennai 600 009 2.The Addl. Director General of Prisons Addl. Director General of Prisons CMDA Tower (II) No.1, Gandhi Irwin Road, Egmore, Chennai 600 008 3.The Superintendent of Prisons Central Prison - I Puzhal, Chennai 600 066 4.Home Secretary The State of Andhra Pradesh Secretariate, Andhra Pradesh 5.The Addl. Director General of Prisons Inspector General of Police, State of Andhra Pradesh Andhra Pradesh 6.The Superintendent of Prisons Central Prison, Vishakapatnam Andhrapadesh 530040 7.The Public Prosecutor High Court of Madras Chennai 600 104 21.04.2025