T.Puyal Rani v. The Deputy Inspector General Of Police (Head Quarters)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.14598 of 2021 T.Puyal Rani ..Petitioner Vs.
1. The Deputy Inspector General of Prisons, (Head Quarters), Office of the Additional Director General of Police/Inspector General of Prison, Whannels Road, Egmore, Chennai - 8.
2. The Deputy Inspector General of Prisons, Coimbatore Range, Gandhipuram, Coimbatore.
3. The Superintendent of Prisons, Office of the Superintendent of Prisons, Central Prison, Gandhipuram, Coimbatore - 18.
4. The Superintendent of Prisons, Office of the Superintendent of Prisons, Central Prison, Arasaradi, Madurai.
..Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the third respondent to consider the representation of the petitioner dated 05.08.2020 and transfer the petitioner's son Jagatheesan (PID 20725) to the Central Prison, Madurai, who is confined in Central Prison, Coimbatore.
For Petitioner : Mr.M.Guruprasad for Mr.T.Balaji For Respondents: Mr.R.Muniyapparaj Government Advocate (Crl.Side)
ORDER
[Order of the Court was made by P.N.PRAKASH, J.] This writ petition has been filed seeking to direct the third respondent to consider the representation of the petitioner dated 05.08.2020 and transfer the petitioner's son Jagatheesan (PID 20725) to the Central Prison, Madurai, who is confined in the Central Prison, Coimbatore.
2.
It is the case of the petitioner that her son Jagatheesan is a Convict Prisoner (CT.No.20725) and he is now undergoing imprisonment in the Central Prison, Coimbatore. 3.
While that being so, the petitioner has given a representation dated 05.08.2020 to the authorities to transfer her son Jagatheesan from the Central Prison, Coimbatore, to the Central Prison, Madurai. Since the said representation had not been considered, the petitioner has filed the present writ petition with the above prayer.
4.
Heard Mr.M.Guruprasad, learned counsel representing Mr.T.Balaji, learned counsel on record for the petitioner and Mr.R.Muniyapparaj, learned Government Advocate (Crl.Side) appearing for the respondents.
5.
At the outset, we would like to make it clear that, transfer of a prisoner from one prison to another prison is an administrative act and this Court cannot interfere into it especially in the present COVID-19 pandemic situation. 6.
Be that as it may, the learned Government Advocate (Crl.Side) brought to the notice of this Court the order dated 15.04.2021 that has been passed by the authorities for temporarily transferring Jagatheesan from the Central Prison, Coimbatore, to the Central Prison, Madurai, for the purpose of interview and thereafter, he has been directed to be transferred to the Central Prison, Coimbatore. He further submitted that due to paucity of police escort, the authorities are not able to implement the order dated 15.04.2021.
Recording the same, this writ petition stands closed. No costs.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar nsd
To
1. The Deputy Inspector General of Prisons, (Head Quarters), Office of the Additional Director General of Police/Inspector General of Prison, Whannels Road, Egmore, Chennai - 8.
2. The Deputy Inspector General of Prisons, Coimbatore Range, Gandhipuram, Coimbatore.
3. The Superintendent of Prisons, Office of the Superintendent of Prisons, Central Prison, Gandhipuram, Coimbatore - 18.
4. The Superintendent of Prisons, Office of the Superintendent of Prisons, Central Prison, Arasaradi, Madurai.
5. The Public Prosecutor, Madras High Court, Chennai - 600 104.
+1cc to Mr.A. Thiyagarajan, Advocate, S.R.No.33442 W.P.No.14598 of 2021 PM(CO) RGA(04/08/2021)