P.Sabareeswaran v. The Director General Of Prison

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2025

CORAM:

THE HONOURABLE MS. JUSTICE P.T.ASHA and W.M.P.Nos.33652, 33653 & 33655 of 2025

1. P.Sabareeswaran

2. P.Sathish Kumar

3. M.Ramesh

4. M.Kumaravel

5. K.Vembadi Maharaja

6. K.Shanmugaraja

7. T.Gopalakrishnan

8. A.Suruli

9. C.Arumai Nayagam

10. K.Sasikumar

11. M.Mahendiran

12. S.Mathivanan ... Petitioners Vs.

1. The Director General of Prison, Office of Director General of Prison, Whannels Road, Egmore, Chennai District - 600 008.

2. The Superintendent of Prison, Central Prison, Coimbatore Coimbatore District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned residential transfer order issued by the second respondent in his proceedings in No.73/Po1/2025 dated 10.07.2025, quash the same as illegal, bias and arbitrary and consequently directing the second respondent to allow us and to retain as well as reside in the same premises situated in Jail Quarters, Kattoor Police Station backside, Gandhipuram, Coimbatore District - 641 018 until the academic year viz., April, 2026 by considering our representation dated 25.07.2025. For Petitioners : Mr.M.Dinesh For Respondents : Mr.G.Nanmaran Special Government Pleader

ORDER

Challenging the order directing the petitioners to vacate and handover the possession of the official quarters, this writ petition has been filed.

2. The affidavit filed in support of the Writ Petition is very sketchy. The petitioners have stated that they have children who are School/ College going and that the transfer at this stage would cause prejudice to their educational prospects.

3. From a perusal of the affidavit, it is not known as to whether the petitioners are seeking interference of this Court to their transfer or whether it is the impugned order that is sought to be set aside.

4. In fact in ground "D", the petitioners have stated that transfer cannot be granted in a mechanical or burdensome manner and in total disregard of family, health and safety concerns. Further, the transfers cannot be in the middle of the academic year. The order that is impugned in the Writ Petition is the proceedings of the second respondent dated 10.07.2025 in proceedings No.73/PO1/2025.

5. A perusal of the impugned order would clearly show that it is an order calling upon the petitioners to vacate and handover the vacant possession of the official quarters, in view of their transfer vide order dated 25.05.2025. When queried by this Court, the learned counsel for

the petitioners would submit that they require a year's time to vacate and hand over the possession.

6. The records would show that the petitioners have been transferred to various places as early as in the month of May, 2025 and other persons have been posted to the place, where the petitioners were originally working. These persons require residential quarters. The petitioners have been served with the transfer order, even prior to the academic year and they have continued in their official residence for over two months. Therefore, the challenge to the impugned order cannot be sustained and accordingly, this Writ Petition is dismissed.

Consequently, connected Miscellaneous Petitions are closed. No costs. 12.08.2025 dh Index: Yes/No Internet: Yes/No

To

1. The Director General of Prison, Office of Director General of Prison, Whannels Road, Egmore, Chennai District - 600 008.

2. The Superintendent of Prison, Central Prison, Coimbatore Coimbatore District.

P.T.ASHA. J.

dh 12.08.2025