C.Chandra v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.7516 of 2017 C.Chandra ... Petitioner Vs.

1.The Inspector General of Prison, No.1, Gandhi Irwin Salai, Egmore, Chennai - 600 008.

2.The Superintendent of Prison, Central Prison, Puzhal - 1.

... Respondents PRAYER:

Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing to respondents herein to consider the petitioner's representation dated 06.03.2017 and further direct the respondents to transfer the petitioner son C.Suresh, son of Chitravel, from Central Prison Cuddalore to Central Prison Puzhal permanently and to retain him in Central Prison, Puzhal itself for his treatment and studies.

For Petitioner :

Mr.B.Nambiselvan For Respondents:

Mr.M.Mohamed Riyaz Additional Public Prosecutor.

O R D E R

This petition has been filed to direct the respondents herein to consider the petitioner's representation dated 06.03.2017 and further direct the respondents to transfer the petitioner son viz., C.Suresh, son of Chitravel, from Central Prison Cuddalore to Central Prison Puzhal permanently and to retain him in Central Prison Puzhal itself for his treatment and studies.

2.

The learned Additional Public Prosecutor has submitted a report filed by the second respondent, which reads as follows :-

"I submit that the petitioner's son/life convict prisoner Suresh S/o. Chirthirivel, was arrested by the Kumbakonam Police in Cr.No.146 of 2006 and was convicted in S.C.No.148 of 2008 for the offences U/s 120(b), 148, 302 r/w 149 of IPC. Upon appeal, the Hon'ble High Court of Madras had confirmed the conviction in Crl.A.No.287 of 2008, and the Hon'ble Supreme Court of India had confirmed the conviction in Crl.A.No.3915 of 2009, and the prisoner is confined at Central Prison, Cuddalore.

Meanwhile, the prisoner was temporarily transferred to Central Prison-1, Puzhal for medical treatment as per the order of the first respondent ie., Additional Director General of Police & Inspector General of Prisons No.34390/PW2/2016 dated 06.10.2016. The prisoner is currently undergoing medical treatment, and the details of medical treatment given is enclosed herewith. It is further submitted that the prisoner will be provided with all necessary treatment, and only after the treatment gets over, he will be transferred back to his home prison i.e., Central Prison, Cuddalore, and not before that as alleged by the petitioner."

He further submitted that the petitioner now confined at Central Prison-1, Puzhal and the prayer sought for in this writ petition has already been granted and hence, nothing survives in this petition.

3. Recording the submission made by the learned Additional Public Prosecutor, this Writ Petition stands closed. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar jas/rts To 1.The Inspector General of Prison, No.1, Gandhi Irwin Salai, Egmore, Chennai - 600 008.

2.The Superintendent of Prison, Central Prison, Puzhal - 1.

3.The Public Prosecutor, High Court, Madras.

W.P.No.7516 of 2017 srg 12/06/2019