D.Dhanalakshmi v. The Director General Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2024 CORAM :
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.SIVAGNANAM D.Dhanalakshmi ..
Petitioner v.
1. The Director General of Prisons Prison Department Gandhi Irwin Road Egmore, Chennai 600 008
2. The Superintendent of Prison Central Prison Coimbatore ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in Ref.No.5001/PW2/2024 dated 06.05.2024 and quash the same and consequently direct the respondents to transfer the petitioner's husband Dhanasekaran @ Ennore Dhanasekaran from Central Prison, Coimbatore to Central Prison, Puzhal, Chennai. (Prayer amended vide order dated 29.08.2024 in WMP.27840/24 in WP.18761/24)
For Petitioner ::
Mr.A.Sivakumar Sivaaji for M/s Murali Law Firm For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) This writ petition has been instituted to quash the order dated 06.05.2024 passed by the first respondent and to direct the respondents to transfer the petitioner's husband Dhanasekaran @ Ennore Dhanasekaran from Central Prison, Coimbatore to Central Prison, Puzhal, Chennai.
2. The learned Additional Public Prosecutor Mr.Raj Thilak would submit that earlier the petitioner submitted an application seeking transfer of the prisoner from Coimbatore to Tiruchirappalli. The said application was not considered and by amending the relief in the present writ petition, the petitioner seeks for transfer of her husband from Coimbatore Central Prison to Puzhal Central Prison.
3. The learned counsel for petitioner would submit that the prisoner is
facing 52 criminal cases within Chennai jurisdiction and therefore, he should be transferred to Puzhal Prison at Chennai.
4. The learned Additional Public Prosecutor would submit that the respondents would collect all the particulars regarding pending cases and decide the application on merits and in accordance with law.
5. In view of the said submission, since it is for the authorities to consider these facts and take a decision on merits, the respondents are directed to dispose of the representation of the petitioner dated 30.04.2024 within a period of four weeks from the date of receipt of a copy of this order. The writ petition stands disposed of. Consequently, W.M.P.No.20568 of 2024 is closed.
Index : yes (S.M.S.,J.) (V.S.G.,J.) 05.09.2024 ss 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 Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND V.SIVAGNANAM,J.
ss 05.09.2024