K.Divya v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL K.Divya .. Petitioner Vs 1.The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.
2.Director General of Police/Director General of Jails, Tamil Nadu Prison Department, Whannels Road, Ansari Estate, Egmore, Chennai - 8.
3.The Superintendent of Prisons, Central Prison I, Puzhal, Chennai - 66.
4.The Superintendent of Prisons, Central Prison, Coimbatore.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the second respondent to consider the petitioner's representation dated 03.07.2023 and take appropriate action by transferring the petitioner's husband Kalimuthu (a) Vellai Kalli, Prisoner Convict No.9408 from Central Prison, Coimbatore to Central Prison I, Puzhal, Chennai. For Petitioner :
Mr.S.Kishore Kumar For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor Page Nos.1/9
ORDER
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity and convenience).
2. Short facts shorn of elaboration i.e., facts that are imperative for appreciating this order are that the writ petitioner's spouse one Kalimuthu (a) Vellai Kalli is a convict prisoner (Convict No.9408), now lodged in Central Prison, Coimbatore; that the writ petitioner sent a 'representation dated 03.07.2023' (hereinafter 'said representation' for the sake of convenience and clarity) to all the four respondents requesting them to transfer the convict prisoner from Central Prison, Coimbatore back to Central Prison - I, Puzhal, Chennai where he was originally lodged; that the request for re-transfer is on the ground that the convict prisoner fears life threat from other inmates in Coimbatore Central Prison.
3. Before proceeding further we deem it appropriate to scan and reproduce the said representation as placed before us as part of the case file and the same is as follows:
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4. Issue notice.
5. Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for all four respondents.
6. Learned Prosecutor on instructions submits that the convict prisoner was transferred from Central Prison, Puzhal to Central Prison, Coimbatore owing to cases which are pending trial in the Courts closer to Coimbatore. This is disputed by learned counsel for petitioner. In the light of the limited scope of the writ petition, we deem it appropriate to not to delve into this disputation.
7. Learned Prosecutor very fairly submitted that said representation has been received by the second respondent on 05.07.2023. In this backdrop, we find that the date of presentation of captioned WP is 04.07.2023. We also noticed that date of despatch of said representation is 03.07.2023 at 15:43 hours from Chennai. Four postal receipts as placed before us are as follows: Page Nos.5/9
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8. In the normal circumstances, the captioned WP would have taken a tumble and it would have been dismissed as premature as a mandamus prayer has been made qua said representation even before said representation was served on the addressee, however as learned counsel projected life threat as ground for re-transfer plea, we deem it appropriate to hear the Prosecutor on this point making it clear that this will not serve as a precedent. Learned Prosecutor on instructions submits that the life threat aspect qua convict prisoner was assessed and only after coming to the conclusion that there would be no impediment in transferring the convict prisoner to Coimbatore Central Prison the transfer was effected. We deem it appropriate to refrain ourselves from expressing any opinion on this but we only record this submission of learned Prosecutor as we leave it open to the second respondent to dispose of the said representation on its own merits and in accordance with law as expeditiously as the official business of second respondent would permit.
9. Captioned WP stands disposed of as closed recording the stated position in the aforesaid manner.
(M.S.,J.) (R.S.V.,J.) 14.07.2023 Index : Yes / No mmi Page Nos.7/9
To 1.The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.
2.The Director General of Police/Director General of Jails, Tamil Nadu Prison Department, Whannels Road, Ansari Estate, Egmore, Chennai - 8.
3.The Superintendent of Prisons, Central Prison I, Puzhal, Chennai - 66.
4.The Superintendent of Prisons, Central Prison, Coimbatore.
5.The Public Prosecutor, High Court, Madras.
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M.SUNDAR, J., and R.SAKTHIVEL, J., mmi 14.07.2023 Page Nos.9/9