P.Kavi Priya v. Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2023 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL R.Kavi Priya .. Petitioner vs 1.The Director General of Prisons, Prison Department, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Superintendent of Prison, Central Prison, Coimbatore.
3.The Superintendent of Prison, Central Prison, Salem.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to transfer petitioner's convicted father namely K.Ramachandran, S/o. Kalirathnam (CT No.24548) from Coimbatore Central Prison to Salem Open Prison based on the representation of the petitioner dated 17.04.2023. For Petitioner :
Ms.M.Janani for Mr.D.Ashok Kumar For Respondents :
Mr.E.Raj Thilak, Additional Public Prosecutor 1/6
ORDER
[Order of the Court was made by M.SUNDAR, J.] This order will now dispose of captioned writ petition as it turns on a very short point.
2.
The petitioner had sent a representation dated 17.04.2023 (hereinafter 'said representation' for the sake of convenience and clarity) seeking transfer of her father Thiru.K.Ramachandran, son of Thiru.Kalirathnam (C.T. No.24548, who is serving sentence having been convicted vide conviction and sentence dated 24.11.2008 in S.C.No.105 of 2006 on the file of Assistant Sessions Court, Rasipuram) from Central Prison, Coimbatore to Salem Prison. On 17.05.2023, the Honourable Predecessor Bench directed the respondents to file reply. Today, learned Prosecutor, on instructions, has placed before us the proceedings dated 08.06.2023 bearing reference Moo.Mu.No.23014/SiNa2/2023 made by the first respondent and a scanned reproduction of the same is as follows: 2/6
3.
The aforementioned proceedings speaks for itself. Request of the petitioner qua said representation has since been 3/6
acceded to. Therefore, we deem it appropriate to drop the curtains on the captioned writ petition.
4.
Be that as it may, Ms.M.Janani, learned counsel representing the counsel on record for writ petitioner submits that it would be desirable to shift the petitioner's father to the Open Air Prison in Salem. The said representation is for shifting to prison in Salem and it does not specifically request for shifting to Open Air Prison, Salem. Therefore, it is open to the petitioner's father or any one concerned for the petitioner's father to make a request for shifting the petitioner's father to Salem Open Air Prison and if such a course is adopted, the respondents shall consider the same as expeditiously as their business would permit on its own merits and in accordance with law.
5.
Captioned writ petition is disposed of as closed albeit with the aforementioned observation.
(M.S.,J.) (R.S.V.,J.) 21.06.2023 Index : Yes/No mmi 4/6
To 1.The Director General of Prisons, Prison Department, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Superintendent of Prison, Central Prison, Coimbatore.
3.The Superintendent of Prison, Central Prison, Salem.
4.The Public Prosecutor, High Court, Madras.
5/6
M.SUNDAR, J., and R.SAKTHIVEL , J., mmi 21.06.2023 6/6