B.Saravanakumar v. The Director General Of Prisons And Correctional Services
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN B.Saravanakumar ... Petitioner Vs.
1. The Director General of Prisons and Correctional Services/ Chief of Prison Department, Whannels Road, Egmore, Chennai-600 008.
2. The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District.
3. The Superintendent of Prison, Central Prison, Central Prison-1, Chennai.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Mandamus, directing the first respondent to reconsider petitioner's transfer order to central Prison, Palayamkottai vide his proceeding No. TNPCS/ 3750- 12/ 2025- EW-3, Dated 24.05.2025 consequently post him at any of the Prison / Jail nearby to Chennai either at Chenglepet District or at Tiruvallur District considering and dispose - off his representation dated 30.05.2025 within a time limit to be fixed by this Honourable High court. 1/5
For Petitioner : Mr.N.Kannan For Respondents : Mr.R.U.Dinesh Raj Kumar Additional Government Pleader for R1 to R3 *****
O R D E R
The instant writ petition has been filed seeking the relief of writ of Mandamus, directing the first respondent to reconsider petitioner's transfer order to central Prison, Palayamkottai vide his proceeding No. TNPCS/ 375012/2025- EW-3, Dated 24.05.2025 consequently post him at any of the Prison/ Jail nearby to Chennai either at Chenglepet District or at Tiruvallur District considering and dispose - off his representation dated 30.05.2025 within a time limit to be fixed by this Court.
2. Heard Mr.N.Kannan, learned counsel for the petitioner and Mr.R.U.Dinesh Raj Kumar, learned Additional Government Pleader appearing on behalf of the respondents 1 to 3.
3. The learned counsel for the petitioner would submit that the petitioner has been transferred to Palayamkottai from Chennai vide the impugned order dated 24.05.2025. It is the submission of the petitioner that in order to continue at Chennai, the petitioner has relinquished a right for a 2/5
promotion, as his mother is suffering from some ailments. He would also submit that the petitioner's mother is aged about 85 years. In this connection, the petitioner has sent the representation to the respondent on 06.05.2024 to reconsider his transfer and the same is still pending.
4. Per contra, the learned Additional Government Pleader would submit that the transfer is incidence of service and the same cannot be interfered by the Writ Court under the judicial review, unless it is whimsical, mala fide or issued in vindictive manner.
5. This Court is in full agreement with the submission of the learned Special Government Pleader. However, taking into consideration the peculiar circumstances of this case, instead of dismissing the writ petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 06.05.2024 and pass orders on it's own merits and in accordance with law, within a period of two(2) weeks from the date of receipt of a copy of this order.
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6. In the result, this writ petition is disposed of with the above directions. There shall be no order as to costs. 09.06.2025 kmi Index :Yes/No Speaking Order NCC: Yes/No To
1. The Director General of Prisons and Correctional Services/ Chief of Prison Department, Whannels Road, Egmore, Chennai-600 008.
2. The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District.
3. The Superintendent of Prison, Central Prison, Central Prison-1, Chennai.
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C.KUMARAPPAN, J.
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