S.Prem Anand v. The Director General Of Prisons

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and WMP Nos. 23498 & 23501 of 2025 S.Prem Anand Warder Grade I (CPS No.73101372/Jails), Central Prison, Coimbatore 641 018.

Petitioner(s) Vs

1. The Director General of Prisons and Correctional Services, Prison Headquarters, Egmore, Chennai 600 008.

2.The Superintendent of Prison Central Prison Coimbatore 641 018.

Respondent(s) PRAYER: This Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records in the order bearing No.TNPCS/3745/2025-EW-3-6 dated 24.05.2025 passed by the respondent no. 1 and the consequential order bearing No. CP-VLR/959/2025G1(ASST) dated 25.05.2025 passed by the respondent no. 2 and quashing the 1/6

same so far as the petitioner is concerned.

For Petitioner:

M/s.M.Radhakrishnan For Respondents:

Mr.G.Nanmaran, Special Government Pleader

ORDER

The instant writ petition is filed challenging the order dated 24.05.2025 passed by the first respondent, and also the consequential order dated 25.05.2025 passed by the second respondent, by and in which, the petitioner has been transferred from Central Prison, Vellore to Central Prison, Coimbatore.

2. Mr.G.Nanmaran, learned Special Government Pleader, takes notice on behalf of the respondents. By consent of the parties, the main writ petition is taken up for disposal at the time of admission stage itself.

3. It is the specific submission of the learned counsel for the petitioner that the petitioner's mother is suffering from a serious psychiatric illness, and she has been undergoing treatment since 2013. The petitioner's presence in Vellore would be of immense help in taking care of his mother. He further 2/6

submitted that the transfer has been effected mechanically, without even considering the petitioner's grievance. Apart from the above ground, the petitioner has raised educational aspect of his children also. Hence, he prayed to interfere with the impugned order.

4. Per contra, Mr.G.Nanmaran, learned Special Government Pleader appearing for the respondents, strongly opposed the contention made by the learned counsel for the petitioner and submitted that the transfer of the petitioner is an administrative transfer, which takes place at a regular interval.

5. I have given my anxious consideration to the submission made by the learned counsel on either side and perused the materials available on record.

6. It is a well settled principle of law that transfer can be challenged only on the ground of mala fides or if the same is against the public interest.

7. In the case on hand, it is the specific submission of the respondents that 3/6

the transfer of the petitioner is merely an administrative transfer. However, the learned counsel for the petitioner would submit that the petitioner's presence at Vellore, would be of immense help to his mother, who has significant health issues.

8. Though this Court does not find any infirmity in the orders dated 24.05.2025 and 25.05.2025, since the petitioner had already given representation on 03.06.2025, the respondents are directed to consider the same and pass orders on its 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.

9. This Writ Petition is dismissed with the above direction. No costs. Consequently, connected Miscellaneous Petitions are closed. 12-06-2025 jd Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6

To

1. The Director General of Prisons and Correctional Services, Prison Headquarters, Egmore, Chennai 600 008.

2.The Superintendent of Prison Central Prison Coimbatore 641 018.

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C.KUMARAPPAN J.

jd 12-06-2025 6/6