K.V.Komarasamy v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL K.V.Komarasamy S/o.Veerappa Gounder .. Petitioner Vs.
1.
The State rep. by its The Director General of Prison Office of the Director General of Prison No.2, Gandhi Irwin Road, Egmore Chennai-600 008.
2.
The Superintendent of Prison Office of the Superintendent of Prison Central Prison at Palayamkottai, Tirunelveli - 627 002.
3.
The Superintendent of Prison Office of the Superintendent of Prison Central Prison at Puzhal, Thiruvallur District - 600 066.
..Respondents Petition filed under Article 226 of the Constitution of India praying writ of Mandamus to direct the respondents to transfer the son of the petitioner/convict prisoner namely Mr.Balu @ Dhanapaul from Central Prison at Palayamkottai to Central Prison, Puzhal in Pursuant to the petitioner's representation dated 09.07.2023 respectively. Page Nos.1/8
For Petitioner :
Mr.Mohamed Saifulla For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will dispose of the captioned 'Writ Petition' [hereinafter 'WP' for the sake of convenience].
2. Mr.Mohamed Saifulla, learned counsel on record for writ petitioner, who is before this Court submits that writ petitioner has given a 'representation dated 09.07.2023' [hereinafter 'said representation' for the sake of convenience and clarity] requesting for transfer of his son Thiru.Balu @ Dhanapaul, who is serving sentence pursuant to conviction and sentence dated 23.03.2004 in S.C.No.142 of 2003 on the file of Erode District and Sessions Court (to be noted, life imprisonment) from Palayamkottai Central Prison to Puzhal Central Prison, Chennai on the ground that premature release sought for the lifer has been negatived and the same has to be carried to the Madras High Court i.e., this Court. It is submitted that if the transfer is effected, in terms of logistics, it would be easier for the convict prisoner and writ petitioner to coordinate in filing of Page Nos.2/8
writ petition in this Court assailing the rejection of premature release plea. Learned counsel, adverting to said representation and postal acknowledgement card submitted that first respondent has been duly received said representation on 14.07.2023. To be noted, a scanned reproduction of said representation together with postal acknowledgement card is as follows:
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3. Issue notice.
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4. Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for all three respondents and submits, on instructions that said representation is under consideration and that first respondent has to take a call on the same. Learned Prosecutor, further submits that said representation will be disposed of as expeditiously as possible.
5. In the light of the narrative thus far, captioned WP is disposed of with a directive to first respondent to consider the aforementioned said representation on its own merits and in accordance with law and dispose of the same as expeditiously as the official business of the first respondent would permit but in any event, by three weeks from today i.e., by 03.10.2023. There shall be no order as to costs. Though the captioned WP is disposed of, Registry to list the matter under the cause list caption 'FOR REPORTING COMPLIANCE' on 06.10.2023.
(M.S.,J.) (R.S.V.,J.) 12.09.2023 Index : Yes Speaking mk Page Nos.6/8
To 1.
The State rep. by its The Director General of Prison Office of the Director General of Prison No.2, Gandhi Irwin Road, Egmore Chennai-600 008.
2.
The Superintendent of Prison Office of the Superintendent of Prison Central Prison at Palayamkottai, Tirunelveli - 627 002.
3.
The Superintendent of Prison Office of the Superintendent of Prison Central Prison at Puzhal, Thiruvallur District - 600 066.
4.
The Public Prosecutor High Court, Madras.
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M.SUNDAR, J., and R.SAKTHIVEL, J., mk 12.09.2023 Page Nos.8/8