Madras High CourtWP(MD)/1294/2021closed

Gokila v. The Prl.Secretary To Govt.

2021-04-26Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Gokila ... Petitioner Vs.

1. The Principal Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director General of Police, Director General of Prisons and Correctional Services, Tamil Nadu Prison and Correctional Services Department, Whannels Road, Egmore, Chennai - 600 008.

3. The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Kozhipannal Salai (Near SRM Hotel), Trichy - 620 023.

4. The Commissioner of Police, Trichy City, Trichy.

5. The Superintendent of Police, Central Prison, Trichy.

... Respondents Prayer : Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus,forbearing the respondents from transferring petitioner's husband namely Baskar @ North D.Baskar, son of Kanagaraj, from Central Prison, Trichy, to Central Prison, Cuddalore and further direct the respondents to ensure the safety of the petitioner's husband.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.R.Srinivasan, Government Advocate 1/3

ORDER

This Writ Petition is filed seeking a direction to the respondents not to transfer the petitioner's husband namely Baskar @ North D Baskar, son of Kanagaraj, from Central Prison, Trichy to Central Prison, Cuddalore and further direct the respondents to ensure the safety of the petitioner's husband.

2. The petitioner's husband is facing trial in 8 cases. Since he failed to appear in one case, a non-bailable warrant came to be issued against him. The petitioner's husband surrendered before the Court and he was remanded to judicial custody in Central Prison, Trichy. The respondents proposed to execute fake encounter under the guise of transferring him from Central Prison, Trichy to Central Prison, Cuddalore. The petitioner sent a representation to the respondents to drop their action. But, it was not considered so far. Hence, this Writ Petition.

3. The learned Public Prosecutor would submit that no proposal made to transfer the petitioner's husband from Central Prison, Trichy to Central Prison, Cuddalore.

4. According to the submission made by the learned Public Prosecutor, nothing survives in this petition and no further adjudication is required. Hence, this Writ Petition stands dismissed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To