B.V.Jeevan Kumar v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.11236 of 2023 Mr.B.V.Jeevan Kumar S/o.Late B.Venkateswarlu ... Petitioner Vs.

1.

The Secretary to Government Home Department (Prison), Secretariat St. George Fort, Chennai - 600 009 2.

The Director General of Prison No.2, Whannels Road Egmore, Chennai - 600 008 3.

The Deputy Inspector General of Prison (Chennai Range) Camp Office, Central Prison Campus, Puzhal, Chennai - 600 066 4.

Puzhal-1, Central Prison, Chennai - 600 066 5.

The State rep. By its The Director General of Prison Page Nos.1/6

Vijayawada, Andhra Pradesh - 520 011 6.

Central Prison at Nellore Andhra Pradesh - 524 004 ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to transfer the petitioner/convict from 4th respondent Central Prison to 6th respondent Central Prison in pursuant of the petitioner's mother representation dated 04.07.2022.

For Petitioner :

Mr.M.Mohamed Saifulla For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] This order 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, which reads as follows:

'Captioned writ petition has been filed with a mandamus prayer qua representation dated 04.07.2022 seeking transfer of petitioner from Central Prison, Puzhal, Chennai - 66 to Vijayawada Prison in Andhra Pradesh. To be noted, aforementioned Page Nos.2/6

representation has been given by the petitioner's mother. It is also to be noted that the writ petitioner is a convict prisoner i.e., CT No.7387, now lodged in Central Prison, Puzhal, Chennai - 66.

2. Mr.M.Mohamed Saifulla, learned counsel for petitioner submits that aforementioned representation has not evoked response/reply.

3. Issue notice to respondents 1 to 4.

4. Mr.R.Muniyapparaj, learned State Additional Public Prosecutor accepts notice on behalf of respondents 1 to 4 and requests for two weeks to get instructions and revert to this Court. Request acceded to.

5. List after a fortnight. List on 27.04.2023.

6. Issue notice to respondents 5 and 6 returnable by 27.04.2023. Petitioner's counsel is permitted to take out private notice.'

3. Pursuant to aforementioned earlier proceedings, Mr.A.B.Kantha Raj, Deputy Superintendent of Prison, Central Prison, Nellore, Andhra Pradesh is present in Court on behalf of the sixth respondent.

4. We are informed that the communication was received in Andhra Pradesh only yesterday, more importantly we are informed that there will be no difficulty in taking as an inmate the petitioner's son Jeevan Kumar (Convict No.7387, now lodged in Central Prison, Puzhal) in Nellore Prison. However we are informed that certain formalities have Page Nos.3/6

to be completed and therefore, four weeks time is required to complete the exercise.

5. The above drops the curtains on the captioned writ petition.

6. We dispose of the captioned writ petition recording the stated position which has been captured supra. However, we direct the Registry to list this mater under the cause list caption 'FOR REPORTING COMPLIANCE' on 20.06.2023.

(M.S.,J.) (M.N.K.,J.) 27.04.2023 Index : Yes Speaking order gpa Page Nos.4/6

To 1.

The Secretary to Government Home Department (Prison), Secretariat St. George Fort, Chennai - 600 009 2.

The Director General of Prison No.2, Whannels Road Egmore, Chennai - 600 008 3.

The Deputy Inspector General of Prison (Chennai Range) Camp Office, Central Prison Campus, Puzhal Chennai - 600 066 4.

Puzhal-1, Central Prison, Chennai - 600 066 5.

The Director General of Prison Vijayawada, Andhra Pradesh - 520 011 6.

Central Prison at Nellore Andhra Pradesh - 524 004 7.

The Public Prosecutor Madras High Court, Chennai Page Nos.5/6

M.SUNDAR, J., and M.NIRMAL KUMAR, J., gpa W.P.No.11236 of 2023 27.04.2023 Page Nos.6/6