Durai Samy v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2023 Coram The Hon'ble Mr. Justice M.SUNDAR and The Hon'ble Mr. Justice M.NIRMAL KUMAR Duraisamy S/o.Krishnan ... Petitioner -vs1.The State rep. by The Director General of Prison, Office of the DGP, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prison, Central Prison at Cuddalore, Arisiperiyankuppam, Cuddalore - 607 004.

3.The Superintendent of Police Central Prison at Salem, Hasthampatty, Salem - 636 007.

... Respondents

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to transfer the petitioner/convict Mr.Duraisamy S/o.Krishnan from 2nd respondent to 3rd respondent Central Prison in pursuant to the convict's mother representation dated 08.10.2022 For Petitioner :

Mr.M.Mohamed Saifulla For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

[Order of the Court was made by M.SUNDAR, J.] Captioned writ petition has been filed seeking transfer of convict prisoner Mr.Duraisamy [son of Mr.Krishnan] from Central Prison, Cuddalore to Central Prison, Salem and the plea is predicated on representation dated 08.10.2022 made by mother of the detenu.

2.Mr.M.Mohamed Saifulla, learned counsel for petitioner [to be noted the convict prisoner himself is the writ petitioner] is before us.

3.Mr.R.Muniyapparaj, learned Additional Public Prosecutor submits that the plea for transfer has been considered and the same has been negatived in and by order dated 20.01.2023 bearing reference K:/K/vz;/997rpe/2-2022 made by the first respondent. A copy of the order has been placed before us and a scanned reproduction of the same is as follows:

4.Learned counsel for writ petitioner submitted that administrative reason cannot be a ground for negativing a transfer plea. Elaborating on this, learned counsel drew our attention to Rules 568 to 570 of the Tamil Nadu Prison Rules, 1983. Learned counsel also placed before us an order of a Hon'ble Division Bench of this Court dated 05.10.2017 in the case of A.Aruna vs. The Additional Director General of Police and others [H.C.P.No.1707 of 2017] authored by Hon'ble Mr.Justice Rajiv Shakdher. We deem it appropriate to not to express any view or opinion on this plea as we are of the considered view that it would be proper to give a closure to the captioned writ petition preserving all the rights and contentions of the writ petitioner to assail the aforementioned rejection order dated 20.01.2023 in a manner known to law.

If the writ petitioner or any other friend on behalf of the convict prisoner chooses to do so, all the rights and contentions including the contentions raised in the captioned writ petition stand preserved. 5.

of the convict prisoner in the aforesaid manner. There shall be no order as to costs.

(M.S,J.) (M.N.K.,J.) 25.01.2023 Index:Yes/No cse To The Director General of Prison, Office of the DGP, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent of Prison, Central Prison at Cuddalore, Arisiperiyankuppam, Cuddalore - 607 004.

3.The Superintendent of Police Central Prison at Salem, Hasthampatty, Salem - 636 007.

M.SUNDAR, J.

and M.NIRMAL KUMAR, J.

cse 25.01.2023