Stella v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2023 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.P.No.25412 of 2023 Stella .. Petitioner vs 1.The State of Tamil Nadu Rep. By its Secretary to Government, Home (Prison IV) Department, Fort St. George, Chennai - 9.
2.The Additional Director General of Police, Inspector General of Prison, Chennai - 8.
3.The Deputy Inspector General of Prison, Gandhipuram, Coimbatore - 641 018.
4.The Deputy Director General of Prison, Prison Department, Chennai - 08.
5.The Superintendent, Central Prison, Coimbatore - 641 018.
6.The Superintendent of Prison, Central Prison, Puzhal - 1, Chennai - 66.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 2nd respondent to transfer petitioner's husband Pandian, S/o.Mani, permanently to Chennai District Prison, who is now confined at Coimbatore Central Prison.
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For Petitioner :
Mr.M.Mohamed Saifullah for Mr.A.Nirmal Kumar Sharma For Respondents :
Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SUNDAR, J.] This order will now dispose of the captioned writ petition which has been filed in this Court with a mandamus prayer qua transfer of writ petitioner's spouse Thiru.Pandian, son of Thiru.Mani. To be noted, writ petitioner's spouse is a convict prisoner now lodged in Coimbatore Central Prison (Convict Prisoner No.23079) and transfer sought is from Central Prison, Coimbatore to Central Prison, Puzhal, Chennai. The writ petitioner has sent representation dated 22.07.2023 seeking such transfer. 2.
Issue notice.
3.
Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for all the respondents and submits on instructions that 22.07.2023 representation of the writ petitioner is being considered and the same will be decided/disposed of as expeditiously as possible.
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4.
Owing to the limited perimeter of writ petition on hand main writ petition was taken up (in the Admission Board itself) with consent of both sides.
5.
Before we write the operative portion of this order, we deem it appropriate to scan and reproduce the aforementioned 22.07.2023 representation of writ petitioner, this is for ease of reference and specificity qua operative portion of this order infra. 3/6
6.
Captioned writ petition is disposed of with a directive to the second respondent to dispose of the aforementioned 22.07.2023 representation as expeditiously as the business of his office would permit but in any event within four weeks from today i.e., by 29.09.2023.
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7.
Though obvious, we make it clear that the second respondent shall consider the representation dated 22.07.2023 on its own merits and in accordance with law.
8.
Captioned writ petition is disposed of with the aforesaid directive. There shall be no order as to costs. (M.S.,J.) (R.S.V.,J.) 01.09.2023 Index : Yes/No mmi To
1. The Secretary to Government, Home (Prison IV) Department, Fort St. George, Chennai - 9.
2.The Additional Director General of Police, Inspector General of Prison, Chennai - 8.
3.The Deputy Inspector General of Prison, Gandhipuram, Coimbatore - 641 018.
4.The Deputy Director General of Prison, Prison Department, Chennai - 08.
5.The Superintendent, Central Prison, Coimbatore - 641 018.
6.The Superintendent of Prison, Central Prison, Puzhal - 1, Chennai - 66.
7.The Public Prosecutor, High Court, Madras.
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M.SUNDAR, J., and R.SAKTHIVEL , J., mmi W.P.No.25412 of 2023 01.09.2023 6/6