I.Leela v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2024

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Mrs.I.Leela .. Petitioner v.

1.The Home Secretary Home Department (Prison) Secretariat, Fort St.George, Chennai - 600 009.

2.The Inspector General of Prisons Prison Head Quarters Egmore, Chennai - 600008.

3.The Superintendent of Prison Central Prison-I Puzhal, Chennai - 66 4.The Superintendent of Prisons Central Prison, Madurai.

... respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking to issue writ of mandamus to direct the 3rd respondent to transfer the enlarge the petitioner's son I.Arul s/o.Iyasami aged 44years (Convict 1/6

Prisoner No.9805) from Central Prison - I, Puzhal, Chennai to Madurai Central Prison.

For Petitioner : Mr.P.M.Basil For Respondents : Mr.R.Muniyapparaj, APP

O R D E R

(Made by the Hon'ble Mr.Justice S.M.SUBRAMANIAM) The present writ petition has been filed to direct the 3rd respondent to transfer the prisoner from Central Prison, Puzhal-I, Chennai to Madurai Central Prison.

2. The fact remains that the prisoner was originally lodged at Central Prison, Palayamkottai, on administrative reasons he was transferred from Palayamkottai to Puzhal Prison, Chennai. Therefore, the first application submitted by the petitioner seeking transfer from Palayamkottai prison was not considered. However, in the counter affidavit the 3rd respondent states that the further representation submitted by the petitioner seeking transfer from Puzhal Prison, Chennai to Madurai was taken on file and report from the jurisdictional Probation 2/6

Officer has been received. After securing consent from the Superintendent of Prison, Central Prison, Madurai necessary proposals will be submitted to the Director General of Prisons and Correctional Services for passing suitable orders.

3. In view of the said counter, the respondents are directed to expedite the process and take a final decision and pass orders as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order.

4. With the above directions, the writ petition is disposed of. No costs.

(S.M.S., J) (M.J.R., J) 21.11.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order tsh 3/6

To 1.The Home Secretary Home Department (Prison) Secretariat, Fort St.George, Chennai - 600 009.

2.The Inspector General of Prisons Prison Head Quarters Egmore, Chennai - 600008.

3.The Superintendent of Prison Central Prison-I Puzhal, Chennai - 66 4.The Superintendent of Prisons Central Prison, Madurai.

5. The Public Prosecutor High Court Madras.

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S.M. SUBRAMANIAN, J.

and M. JOTHIRAMAN, J.

tsh 5/6

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