Ramadevi v. The Dgp And Inspector General Of Prisons,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.11.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs.JUSTICE R.HEMALATHA W.P.No.21822 of 2021 Ramadevi .. Petitioner Vs.

1.The DGP & Inspector General of Prisons Gandhi Irwin Road Egmore, Chennai-8 2.The Superintendent of Prisons Central Prison, Trichy-20 3.The Superintendent of Prisons Central Prison-I Puzhal, Chennai-66 ..Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing the respondent to consider the representation of the petitioner dated 18.08.2021 and transfer the petitioner's husband viz., Kumarakuruparan, aged 40 years, S/o.Ranganathan, now confined in the Central Prison, Trichy-20 to the Central Prison-I, Puzhal, Chennai, for interview with his wife, children and old age mother.

For Petitioner : Ms.S.Nadhiya For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] An application dated 18.08.2021, seeking transfer of the convict prisoner viz., Kumarakuruparan, aged 40 years, S/o.Ranganathan, from the Central Prison, Trichy, to the Central Prison, Puzhal, Chennai, was submitted and thereafter, there being no response, the present writ of mandamus has been filed with the above prayer.

2. On 29.10.2021, we passed the following order : "Ms.Nadhiya, learned counsel for the petitioner submitted that the petitioner is suffering from tumor in the brain and is critical and therefore, she prayed that the petitioner's husband viz., Kumarakuruparan, aged about 40 years, S/o.Ranganathan, who is a convict prisoner, may be transferred from the Central Prison, Trichy to the Central Prison, Puzhal, Chennai. She further submitted that copies of the petitioner's medical records were furnished to the learned Additional Public Prosecutor.

2. It is open to the convict prisoner to apply for emergency leave to see his wife and on such application being filed, the same may be considered sympathetically in accordance with law.

Post this matter on 08.11.2021."

3. Today, Ms.Nadhiya, learned counsel for the petitioner and Mr.Muniyapparaj, learned Additional Public Prosecutor submitted that the convict prisoner was granted emergency leave and that he visited his wife in the Stanley Hospital and returned to the prison.

4. Mr.Muniyapparaj further submitted that the request of the convict prisoner, for prison transfer from the Central Prison, Trichy, to the Central Prison, Puzhal, is under active consideration.

Recording the above submission of the learned Additional Public Prosecutor, this petition is closed. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gya To 1.The DGP & Inspector General of Prisons Gandhi Irwin Road Egmore, Chennai-8 2.The Superintendent of Prisons Central Prison, Trichy-20

3.The Superintendent of Prisons Central Prison-I Puzhal, Chennai-66 4.The Public Prosecutor High Court, Madras W.P.No.21822 of 2021 SJ (CO) K.RK. (26.11.2021)