Mrs. Sarvath Jahan v. Director General Of Prisions
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.25448 of 2019 Mrs.Sarvath Jahan
...Petitioner
Vs.
1. Director General of Prisons, Tamil Nadu Prison Department, Gandhi Irvin Road, Egmore, Chennai - 600008.
2. The Superintendent of Police, Central Prison, Vellore.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to consider the representation of the petitioner herein dated 20.06.2019 and transfer the petitioners son Sadiq Basha son of Saleem Basha from Central Prison Vellore to Central Prison Puzhal, Chennai forthwith. For Petitioner : Mr.B.Rajan For Respondents : Mr.C.Iyyapparaj, Additional Public Prosecutor
O R D E R
The petitioner herein had given a representation on 20.06.2019 to the 1st respondent seeking for transfer of the petitioner's son Sadiq Basha from Central Prison, Vellore to Central Prison, Puzhal, on the ground that the detenue's family is living in Chennai and they are unable to travel all the way to Vellore to meet their son.
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2. The learned Additional Public Prosecutor appearing for the respondent submitted that the appropriate authority to consider such a representation would be the Additional Director General of Prisons, Tamil Nadu Prison Department, Chennai and if any direction is given to the concerned authority to consider the representation, the same could be completed in accordance with law.
3. In the light of the above observations, the petitioner is granted liberty to make an appropriate application seeking for transfer of her son from Central Prison, Vellore to Central Prison, Puzhal to the Additional Director General of Prisons, Tamil Nadu Prison Department, Chennai and on receipt of such a representation, the Additional Director General of Prisons shall consider the representation and pass appropriate orders in accordance with law, as expeditiously as possible, in any event, within a period of 4 weeks from the date of receipt of the representation.
4. Accordingly, the Writ Petition stands disposed of. No costs.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar hvk To
1. Director General of Prisons, Tamil Nadu Prison Department, Gandhi Irvin Road, Egmore, Chennai - 600008.
2. Additional Director General of Prisons, Tamil Nadu Prison Department, Gandhi Irvin Road, Egmore, Chennai - 600008.
3. The Superintendent of Police, Central Prison, Vellore.
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4. The Additional Public Prosecutor, High Court of Madras.
W.P.No.25448 of 2019 aa01/11/2019 3/3