Madras High CourtWP/44057/2016disposed of

S.Rajeswari v. The Additional Director

2016-12-23Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2016

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.44057 of 2016 S.Rajeswari ... Petitioner Vs.

1 The Additional Director General of Police Prisons Egmore Chennai-8 2 The Commissioner of Police Greater Chennai Office of the Commissioner of Police Vepery Chennai-7 3 The Superintendent of Prison Central Prison Puzhal Chennai 4 The Superintendent of Prison Salem Prison Salem ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to consider the petitioner's representation dated 15.12.2016.

For Petitioner :

Mr.M.Baskar For Respondents :

Mr.C.Emalias, Addl. Public Prosecutor

ORDER

By consent, the main writ petition is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondents to consider her representation dated 15.12.2016.

3. It is the case of the petitioner that she is the cousin sister of one Ravi @ Kadhukuthu Ravi, who is a physically challenged person. On 27.10.2016, the Inspector of Police, J.8 Neelankarai Police Station, arrested the said Ravi @ Kadhukuthu Ravi in connection with a case in Crime No.1438 of 2016 and he was remanded to judicial custody. In the meantime, on 28.11.2016, the second respondent passed a detention order against the said Ravi @ Kadhukuthu Ravi and detained him under Act 14 of 1982. Till 9.12.2016, the said Ravi @ Kadhukuthu Ravi was being kept in Central Prison, Puzhal, Chennai. But, suddenly, on 10.12.2016, he was transferred to Salem Prison and is being kept in Salem Prison.

The said unnecessary transfer will put the said Ravi @ Kadhukuthu Ravi to face life threat while coming for trial in the adverse cases, since he is having many business enemies. In this regard, she sent a representation dated 15.12.2016 to the respondents requesting them to transfer the said Ravi @ Kadhukuthu Ravi from Salem Prison to Central Prison, Puzhal, Chennai. But, the same was not considered so far. Hence, left with no other alternative, the petitioner has filed the present writ petition.

4. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor, who has taken notice on behalf of the respondents.

5. In view of the limited prayer sought for by the petitioner, without going into the merits of the case, the respondents are directed to consider the representation of the petitioner dated 15.12.2016 seeking to transfer the said Ravi @ Kadhukuthu Ravi from Salem Prison, Salem to the Central Prison, Puzhal, Chennai, and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sbi To 1 The Additional Director General of Police Prisons Egmore Chennai-8

2 The Commissioner of Police Greater Chennai Office of the Commissioner of Police Vepery Chennai-7 3 The Superintendent of Prison Central Prison Puzhal Chennai 4 The Superintendent of Prison Salem Prison Salem 5 The Public Prosecutor, High Court, Madras +1cc to Mr.M. Baskar, Advocate, S.R.No.76192 su(CO) md(28/12/2016) W.P.No.44057 of 2016