K.Bala v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL K.Bala W/o.Kombaiyan .. Petitioner Vs.
1.
The State represented by The Secretary to Government of Tamil Nadu Department of Home Fort St.George Chennai-600 009.
2.
The Additional Director General of Prison C.M.D.A.Towers Egmore, Chennai-600 008.
3.
The Superintendent of Prison Central Prison, Vellore.
4.
The Superintendent of Prison Central Prison Madurai.
5.
The Director General of Police / Director General of Prison Whannels Road, Egmore, Chennai-600 008.
..Respondents (5th respondent has been suo-motu impleaded vide this order dated 08.09.2023 in W.P.No.26375 of 2023) Page Nos.1/8
Petition filed under Article 226 of the Constitution of India praying writ of Mandamus to direct the respondents to transfer the detenu, Kombaiyan, son of Easakki, convict No.6350 (confined at Central Prison, Vellore) from Central Prison, Vellore to Central Prison, Madurai, permanently.
For Petitioner :
Ms.S.Lakshmi 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 now dispose of the captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity and convenience].
2. Ms.S.Lakshmi, learned counsel on record for petitioner submits that writ petitioner has given a 'representation dated 05.08.2023' [hereinafter 'said representation' for the sake of convenience] seeking transfer of her husband [to be noted, writ petitioner's spouse is a convict prisoner i.e., Mr.Komban, (Convict No.6350) son of Mr.Easakki, now lodged in Central Prison, Vellore] from Central Prison, Vellore where he was originally lodged to Central Prison, Madurai where he is temporarily lodged now. Page Nos.2/8
3. Said representation (representation dated 05.08.2023) as placed before us is as follows:
Page Nos.3/8
{To be noted, the aforementioned representation does not bear a date but learned counsel on record for writ petitioner submits that it is dated 05.08.2023}.
Page Nos.4/8
4. Issue notice.
5. Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for all four respondents and submits, on instructions, that aforementioned convict prisoner [writ petitioner's spouse] is now lodged in Madurai Central Prison, said representation is under consideration, said representation will be decided within a fortnight and till a decision on said representation is taken, convict prisoner will continue to be in Central Prison, Madurai.
6. This Court is informed by learned Prosecutor that a decision on said representation has to be taken by Director General of Police / Director General of Prison, Whannels Road, Egmore, Chennai-600 008. We suomotu implead Director General of Police / Director General of Prison, Whannels Road, Egmore, Chennai-600 008 as fifth respondent. Registry is directed to carry out necessary and consequential amendments before uploading / issuing certified copy of this order. Page Nos.5/8
7. To be noted, though the captioned WP is in the Admission Board, considering the narrow scope of the captioned matter, main WP was taken up and heard out with the consent of both sides. In the light of the narrative thus far, the following order is made:
(a) Fifth respondent i.e., Director General of Police / Director General of Prison, Whannels Road, Egmore, Chennai600 008 is directed to dispose of said representation [to be noted, said representation does not bear a date, it is dated 05.08.2023 as mentioned at the bar and the entire representation has been scanned and reproduced supra in this order] as expeditiously as the official business of fifth respondent would permit but in any event within a fortnight from today i.e., by 22.09.2023;
(b) The decision shall be duly communicated to the writ petitioner and convict prisoner under due acknowledgement within five working days from the date of disposal of said representation;
(c) If fifth respondent accedes to the transfer prayer qua Page Nos.6/8
said representation, convict prisoner will continue to be in Madurai Central Prison but if fifth respondent does not accede to prayer, convict prisoner will continue to remain in the Madurai Prison for a fortnight from the date of communication of disposal of said representation of writ petitioner under due acknowledgement to writ petitioner so as to enable writ petitioner to work out her legal remedies.
Captioned WP disposed of in the aforesaid manner with the aforesaid directives. There shall be no order as to costs. (M.S.,J.) (R.S.V.,J.) 08.09.2023 Index : Yes/No Speaking/Non-speaking mk Page Nos.7/8
M.SUNDAR, J., and R.SAKTHIVEL, J., mk To 1.
The State represented by The Secretary to Government of Tamil Nadu Department of Home Fort St.George Chennai-600 009.
2.
The Additional Director General of Prison C.M.D.A.Towers Egmore, Chennai-600 008.
3.
The Superintendent of Prison Central Prison, Vellore.
4.
The Superintendent of Prison Central Prison Madurai.
5.
The Director General of Police / Director General of Prison Whannels Road, Egmore, Chennai-600 008.
6.
The Public Prosecutor High Court, Madras.
08.09.2023 Page Nos.8/8