Madras High CourtWP(MD)/22705/2015disposed of

R.Shanmugapriya, v. Director General Of Prisons,

2015-12-18Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.22705 of 2015 R.Shanmugapriya ... Petitioner -vs1.The Director General of Police, CMDA Towner-II, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai - 625 016.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 25.11.2015 to transfer her husband Jagatheeswaran Son of Mani of Thirupuvanam, Sivagangai District, who is now detained in Central Prison, Palayamkottai in connection with Crime No.30/2015 of City Crime Branch of Tirunelveli City to Madurai Central Prison.

For Petitioner : Mr.Usilai O.Sivakumar For Respondent : Mr.D.Muruganandham Addl. Govt. Pleader

O R D E R

The petitioner has come forward with this petition praying for issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 25.11.2015 to transfer her husband Jagatheeswaran Son of Mani of Thirupuvanam, Sivagangai District, who is now detained in Central Prison, Palayamkottai in connection with Crime No.30/2015 of City Crime Branch of Tirunelveli City to Madurai Central Prison.

2. Counsel appearing for the petitioner submitted that, as there is life threat to the petitioner's husband in Central Prison, Palayamkottai, the petitioner has made a representation to the respondents on 25.11.2015, seeking transfer of his husband from Central Prison, Palayamkottai to the Central Prison, Madurai. Since the said representation has not been considered, the petitioner has come before this Court with the present Writ Petition.

3. When the matter is taken up for hearing Additional Government Pleader appearing for the respondents has produced a communication of the https://hcservices.ecourts.gov.in/hcservices/

Deputy Inspector General of Prisons, Madurai Range, Madurai, dated 10.12.2015 directing the Superintendent of Prisons, Central Prison, Palayamkottai, to give sufficent police protection to the petitioner's husband. He has also produced a copy of that communication, dated 10.12.2015.

4. At this juncture, counsel appearing for the petitioner submitted that it would suffice if the representation of the petitioner is disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

5.In view of the limited scope of the prayer, the respondents are directed to consider the representation of the petitioner, dated 25.11.2015, for transfer of the petitioner's husband Jagatheeswaran from the Central Prison, Palayamkottai to the Central Prison, Madurai and pass appropriate orders on the same on merits and in accordance with law. 6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar MPK To 1.The Director General of Police, CMDA Towner-II,Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai - 625 016.

3.The Superintendent, Central Prison, Palayamkottai. +one cc to The Special Government Pleader in SR.No. 75875 CSL/NGM-SS/05.01.2016 2p/5c W.P(MD)No.22705 of 2015 18.12.2015 https://hcservices.ecourts.gov.in/hcservices/