Sarvath Jahan v. The Director General Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Sarvath Jahan W/o.Saleem Basha ..
Petitioner Vs.
1.
The Director General of Prisons Prison Department Gandhi Irwin Road, Egmore, Chennai-600 008.
2.
The Superintendent of Prison Central Prison Vellore.
3.
The Superintendent of Prison Central Prison, Puzhal Chennai.
.. Respondents Page Nos.1/7
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the respondents herein to consider the representation made on 06.03.2023 and direct the transfer of the petitioner's son to Central Prison, Puzhal, Chennai till the completion of his sentence.
For Petitioner :
Mr.R.Rajan For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This oder will now dispose of the captioned writ petition.
2. This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 12.04.2023 and a scanned reproduction of the same is as follows: Page Nos.2/7
Page Nos.3/7
3. Today, we are informed by the learned Prosecutor that the representation dated 06.03.2023 qua which mandamus has been sought has been disposed of vide an order dated 18.04.2023 bearing reference Mu.MU.No.45378/cina.2/2022 made by the first respondent. A scanned reproduction of the order dated 18.04.2023 is as follows: Page Nos.4/7
4. In the light of the trajectory the matter has taken, captioned writ petition is disposed of as closed albeit preserving all the rights and contentions of the petitioner or anyone concerned for the convict prisoner to assail the aforementioned order dated 18.04.2023 in a manner known to law. To be noted, original order dated 18.04.2023 is handed over today by the learned Prosecutor to learned counsel for petitioner today in the hearing. If Page Nos.5/7
there is challenge to the order / proceedings dated 18.04.2023, the same will be considered on its own merits and in accordance with law uninfluenced by this order.
5. Captioned Writ Petition is disposed of albeit with aforementioned observation and preserving all the rights and contentions of the petitioner or anyone concerned for convict prisoner in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (M.N.K.,J.) 20.04.2023 Index : Yes Speaking mk To 1.
The Director General of Prisons Prison Department Gandhi Irwin Road, Egmore, Chennai-600 008.
2.
The Superintendent of Prison Central Prison Vellore.
3.
The Superintendent of Prison Central Prison, Puzhal Chennai.
4.
The Public Prosecutor High Court, Madras.
Page Nos.6/7
M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk 20.04.2023 Page Nos.7/7