N.Udhayakumar v. The Director General Of Policy / Director General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-08-2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and WMP Nos.32998 & 32999 of 2025 N.Udhayakumar S/o S. Navamani.
Petitioner(s) Vs
1. The Director General of Police/ Director General of Prisons and Correctional Services, No 6, Annai E.V.R Maniyammar Salai, Egmore, Chennai - 600 008.
2.The Superintendent of Prison, Office of the Superintendent of Prison, Central Prison -1, Chennai.
Respondent(s) PRAYER: The Writ petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the order passed by the 1st respondent in No. TNPCS / 4892 / 2025ES 3 dated 22.07.2025 and quash the same.
For Petitioner(s):
Mr. S.Conscious Ilango For Respondent(s):
Mr.R.U.Dinesh Raj Kumar Additional Government Pleader
ORDER
The instant Writ Petition has been filed challenging the impugned transfer order dated 22.07.2025, by and in which the petitioner was transferred from Central Prison-1, Chennai, to Central Prison, Trichy.
2. The learned counsel for the petitioner would submit that the petitioner's brother is a mentally disordered person and has been kept at Kilpauk Mental Health Centre. It is the further submission of the learned counsel for the petitioner that if the petitioner is posted at Trichy, it would be too difficult for him to take care of his brother. He would also submit that the petitioner has two school-going children. Therefore, if the transfer is allowed to continue, it would have a serious impact on his personal life. Hence, he prayed to interfere with the impugned order.
3. At this juncture, the learned Additional Government Pleader appearing for the respondents would submit that the petitioner and other persons who worked along with him had committed serious malpractices at Poonamallee Prison, wherein the petitioner failed to exercise proper supervision over his subordinates. Therefore, to facilitate effective disciplinary proceedings, all those who worked at Poonamallee Prison were transferred. Hence, prayed to dismiss the present Writ Petition.
4. I have given my anxious consideration to either side submissions.
5. The very reason assigned by the learned Additional Government Pleader is that the transfer was in pursuance of serious malpractice done at Poonamallee Prison, and all persons who served at the relevant point in time were transferred to various places to facilitate an unbiased and fair enquiry. The reasoning of the respondents is rational, and this Court is in full agreement with the above submissions.
6. However, while considering the grievance raised by the petitioner, though this Court does not find any merits in the present Writ Petition, it would like to give liberty to the petitioner to submit a representation to the respondents. At this juncture, the learned counsel for the petitioner invited the attention of this Court to the fact that his representation dated 25.07.2025, is pending with the first respondent.
7. In view of the above submissions, without going into the merits of this Writ Petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 25.07.2025, and pass orders on its own merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.
8.In the result, this Writ Petition is dismissed with the above directions. Consequently, the connected Miscellaneous Petitions are closed. No costs. 05-08-2025 kv Index:Yes/No Speaking/Non-speaking order
To
1. The Director General of Police/ Director General of Prisons and Correctional Services, No 6, Annai E.V.R Maniyammar Salai, Egmore, Chennai - 600 008.
2.The Superintendent of Prison, Office of the Superintendent of Prison, Central Prison -1, Chennai.
C.KUMARAPPAN J.
kv 05-08-2025