Visalakshi v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Visalakshi ... Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Secretary, Home (Prison) Department, Fort St.George, Chennai - 600 009.
2.The Director General of Police and Inspector General of Police, Tamil Nadu Prison Department, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3.The Superintendent of Prison, Central Prison, Vellore.
4.The Superintendent of Prison, Central Prison, Puzhal-1, Chennai.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to transfer Life convict Nagendran, son of ponnusamy C.No.1236 now confined at Central Prison, Vellore to Central Prison, Puzhal-1, Chennai - 66 on humane consideration to save life of the detenue. For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.RAMESH, J.) The petitioner, who is the wife of Nagendran, Son of Ponnusamy, now confined in the Central Prison, Vellore has come forward with this writ petition to direct the respondents to transfer her husband to Central Prison, Puzhal, Chennai - 66.
2.The petitioner states that her husband is a life convict and has been imprisoned at the Central Prison, Vellore. She would further submit that the
her husband is a Liver Transplantation patient and he is on regular treatment at the RELA Hospital, Chromepet, Chennai. -44. She also added that there is an order of the Supreme Court of India, directing the respondents to transfer the petitioner's husband to the Central Prison, Puzhal-1 to get effective treatment at RELA Hospital, Chrompet, Chennai. However, he was transferred to the Central Prison, Vellore on 26.09.2023. Therefore, the detenue is forced to travel 200 Km from Vellore to Chennai to get treatment at RELA Hospital, Chromepet, Chennai - 44 and hence, she made a representation dated 22.04.2024 to the respondents to transfer her husband from Central Prison, Vellore to the Central Prison, Puzhal-1, Chennai - 66. Since the same has not been considered till date, she has come forward with this writ petition.
3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 4.Having regard to the limited scope of the prayer in the writ petition, 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 22.04.2024 to transfer her husband from Central Prison, Vellore to Central Prison, Puzhal-1, Chennai-66 and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner.
5.With the above direction, this writ petition is disposed of. No costs. [M.S.R., J] [S.M., J] 11.06.2024 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Tsg
To 1.The State of Tamil Nadu, Represented by its Secretary, Home (Prison) Department, Fort St.George, Chennai - 600 009.
2.The Director General of Police and Inspector General of Police, Tamil Nadu Prison Department, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3.The Superintendent of Prison, Central Prison, Vellore.
4.The Superintendent of Prison, Central Prison, Puzhal-1, Chennai.
5.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and SUNDER MOHAN, J.
Tsg 11.06.2024