Madras High CourtWP(MD)/8743/2023closed

Solaiammal.P v. The Director General Of Prison

2023-07-03Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR WP(MD).No.8743 of 2023 P.Solaiammal : Petitioner Vs 1.The Director General of Prison, Chennai.

2.The Additional Director General of Police (Prison) Prison Department Egmore, Chennai 600 008.

3.The Superintendent Central Prison, Cuddalore 4.The Superintendent Central Prison, Madurai : Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 1st and 2nd respondents to transfer the petitioner's son namely Saba @ Sabarathinam, S/o.Pandi/remand prisoner from the 3rd respondent to 4th respondent by 1/4

considering the petitioner's representation dated 27.03.2023 within a stipulated time as may be fixed by this Court. For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) This writ petition has been filed to direct the 1st and 2nd respondents to transfer the petitioner's son namely Saba @ Sabarathinam, S/o.Pandi/remand prisoner from the 3rd respondent to 4th respondent prison. In this connection the petitioner had earlier given a representation on 27.03.2023. 2.The learned Additional Public Prosecutor, on instructions, submitted that the petitioner's representation has been considered and rejected on 21.04.2023. Since the petitioner's representation had already been rejected, it would not be appropriate for this Court to give a direction to the respondents consider the representation. However, if liberty is granted to the petitioner to challenge the order of rejection, the ends of justice could be met. 2/4

3.Accordingly, this writ petition stands closed with liberty to the petitioner to challenge the rejection order dated 21.04.2023. [M.S.R.,J] [M.N.K.,J] 03.07.2023 Index : Yes / No Internet : Yes RR To 1.The Director General of Prison, Chennai.

2.The Additional Director General of Police (Prison) Prison Department Egmore, Chennai 600 008.

3.The Superintendent Central Prison, Cuddalore 4.The Superintendent Central Prison, Madurai 5.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

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M.S. RAMESH , J.

AND M.NIRMAL KUMAR, J.

RR WP(MD).No.8743 of 2023 03.07.2023 4/4