Sivamani 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. 23465 & 23467 OF 2025 Sivamani S/o.Govindhan, Residing at No.3/38, Kompaadiyur, Perumbalai, Dharmapuri 636 811.
Petitioner(s) Vs
1. The Director General of Prisons and Correctional Services Whannels Road, Egmore, Chennai 600 008.
2.The Superintendent of Central Prison, Central Prison, Salem 636 008.
3.The Superintendent of Central Prison, Central Prison-1, Puzhal, Chennai.
Respondent(s)
PRAYER: This Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent vide his proceedings in No.9457/ PO1/ 2025 dated 31.05.2025 and quash the same as illegal and incompetent, subsequently to permit the petitioner to continue his duty the Grade I Warder at Central Prison Salem by considering Petitioner's representation dated 06.06.2025.
For Petitioner:
M/s.C.Deepak Kumar For Respondents:
Mr.R.U.Dinesh Raj Kumar Additional Government Pleader
ORDER
The instant writ petition has been filed, challenging the order dated 31.05.2025 issued by the second respondent, by and in which, the petitioner has been transferred from Sub Jail, Krishnagiri to Central Prison-1, Chennai.
2. Mr.R.U.Dinesh Raj Kumar, learned Additional 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 has aged parents with medical issues and his wife is also suffering from breast cancer, who is undergoing regular treatment since 18.12.2023, his presence in Krishnagiri would be of immense help to take care of his aged parents and his wife, who have significant medical issues. He further submitted that the transfer has been effected mechanically, without even considering the petitioner's grievance. Apart from the above ground, the petitioner raised educational aspect of his children also. Hence, he prayed to interfere with the impugned order.
4. Per contra, Mr.R.U.Dinesh Raj Kumar, learned Additional 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 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 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 Krishnagiri, would be of immense help to his aged parents as well as his wife, who are suffering from serious health ailments.
8. Though this Court does not find any infirmity in the order dated 31.05.2025, since the petitioner had already given representation on 06.06.2025, the respondents are directed to consider the same sympathetically 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. In the result, this Writ Petition is dismissed with the above directions. No costs. Consequently, connected Miscellaneous Petitions are closed. 12-06-2025 jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The Director General of Prisons and Correctional Services Whannels Road, Egmore, Chennai 600 008.
2.The Superintendent of Central Prison Central Prison, Salem 636 008.
3.The Superintendent of Central Prison, Central Prison-1, Puzhal, Chennai.
C.KUMARAPPAN J.
jd 12-06-2025