R. Saraswathi v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.376 of 2018 R.Saraswathi ... Petitioner Vs

1. The Home Secretary, Home Department, Secretariat, Fort St. George, Chennai.

2. The Superintendent of Police, Central Prison, Salem.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the respondents to consider the representation of the petitioner dated 19.12.2017, which is concerned to stall the proceedings of transfer of the detenue in Prisoner No.CT.C.No.7698, who is husband of petitioner, namely, Ratha @ Rathakrishnan.

For Petitioner :

Mr.J.Stalin For Respondents :

Ms.R.Krishnapriya Additional Government Pleader

ORDER

By consent of both the parties, the main writ petition itself is taken up for final disposal at the admission stage itself.

The limited prayer sought for in the present petition is for a direction to the respondents herein to consider the petitioner's representation dated 19.12.2017, seeking not to transfer her husband who has been detained in Salem Central Prison.

Without going into the merits of the claim made by the petitioner, there shall be a direction to the second respondent to consider the petitioner's representation dated 19.12.2017, on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a https://hcservices.ecourts.gov.in/hcservices/

copy of this order. It is made clear that, I have not expressed any of my view on the merits of the claim made by the petitioner in her representation. The petitioner is also directed to enclose a copy of the representation dated 19.12.2017 along with the order passed in this writ petition.

4. With the above directions, the writ petition stands closed. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar cgi To

1. The Home Secretary, Home Department, Secretariat, Fort St. George,Chennai.

2. The Superintendent of Police, Central Prison, Salem.

+1 CC to Govt. Pleader sr 3699.

+1 CC to Mr.J. Stalin Advocate sr 1886.

W.P.No.376 of 2018 AK(CO) kas(03/02/2018) https://hcservices.ecourts.gov.in/hcservices/