S.Mani v. The Director General Of Prison
IN THE HIGH COURT OF JUDICATURE A MADRAS
DATED : 27.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE Mr.JUSTICE R.SAKTHIVEL S.Mani .. Petitioner Vs.
1. The Director General of Prison O/o.of Director General of Prison Whanells Road, Egmore Chennai District - 600 008
2. The Superintendent of Prison Coimbatore Central Prison Coimbatore District
3. The Superintendent of Prison Salem Central Prison Salem District
4. The Inspector of Police Soorangalam Police Station Salem City, Salem District .. Respondents Page Nos.1/6
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to transfer the petitioner brother life convict prisoner Mr.Saravanan CT 22939 from 2nd respondent prison to 3rd respondent prison in pursuant to the petitioner's representation dated 20.06.2023. For Petitioner :
Mr.P.Muthamizh Selvakumar For Respondents :
Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Writ Petition' ['WP' for the sake of brevity].
2. Captioned WP has been filed with a mandamus prayer qua a 'representation dated 20.06.2023 made by the writ petitioner' [hereinafter 'said representation' for the sake of brevity, convenience and clarity] seeking transfer of writ petitioner's brother Thiru.Saravanan, who is a Convict Prisoner [Convict No.22939] from Coimbatore Central Prison to Salem Central Prison on the ground that Convict Prisoner intends to prefer an appeal against his conviction and the convict prisoner's relatives who would be helping him in this endeavour are in Salem District. Page Nos.2/6
3. Issue notice.
4.Mr.A.Gokulakrishnan, learned State Additional Public Prosecutor accepted notice for all four respondents.
5. Learned Prosecutor draws our attention to proceedings of second respondent (signed on 11.07.2023) bearing reference No.12987/j/F2/2023 wherein said representation has been forwarded by the second respondent to third respondent. Learned Prosecutor submits that said representation is being considered, Police/Probation Officer reports have been sought and that said representation can be disposed of by first respondent within a fortnight from today i.e., by 10.08.2023.
6. The narrative thus far drops the curtains on the captioned WP. Let the said representation be disposed of on its own merits and in accordance with law by the first respondent within a fortnight from today i.e., by 10.08.2023. The proceedings of first respondent disposing of the said representation shall be communicated to the writ petitioner under due acknowledgment within 7 working days from the date of disposal. Though obvious we make it clear that all the rights and contentions of the petitioner or any one concerned for the convict prisoner are preserved for assailing the Page Nos.3/6
disposal of said representation if it is not in favour of the petitioner/ convict prisoner and / or if convict prisoner is not satisfied with the same. Captioned WP disposed of with the aforesaid manner with aforementioned directives/observations and preservation of rights. (M.S.,J.) (R.S.V.,J.) 27.07.2023 Index : Yes / No Speaking / Non-speaking gpa Page Nos.4/6
To
1. The Director General of Prison O/o.of Director General of Prison Whanells Road, Egmore Chennai District - 600 008
2. The Superintendent of Prison Coimbatore Central Prison Coimbatore District
3. The Superintendent of Prison Salem Central Prison Salem District
4. The Inspector of Police Soorangalam Police Station Salem City, Salem District 5.The Public Prosecutor High Court, Madras.
Page Nos.5/6
M.SUNDAR, J., and R.SAKTHIVEL, J., gpa 27.07.2023 Page Nos.6/6