Madras High CourtWP(MD)/9114/2015disposed of

R. Devaki, v. The Additional Director

2015-06-08Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No. 9114 of 2015 and MP(MD)No.1 of 2015 R.Devaki ... Petitioner Vs.

1.The Additional Director General of Police, No.1. CMDA Building, First Floor, Gandhi Irwin Road, Egmore, Chennai-8.

2.The Superintendent of Prison, Madurai Central Prison, Madurai.

3. The Superintendent of Prison, Trichy Central Prison, Trichy.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, forbearing the respondents from transferring the petitioner's husband namely Ramachandran (Convicted prisoner No.10245), from Central Prison, Madurai to Central Prison, Trichy and pass such further order.

For Petitioner : Mr.P.T.Ramesh Raja For Respondents : Mr. R.Karthikeyan Additional Government Pleader

O R D E R

This petition has been filed to forbear the respondents from transferring the petitioner's husband namely Ramachandran (Convicted prisoner No.10245), from Central Prison, Madurai to Central Prison, Trichy.

2. Heard the learned counsel appeared for the petitioner and the learned Additional Government Pleader appeared for the State.

3. The petitioner is the wife of the detenu. The grievance of the petitioner appears to be her husband who is convicted is not to be transfer from the Madurai Central Prison to the Trichy Central Prison.

4. It appears that the petitioner's husband was originally confined to Trichy Central Prison. Thereafter, he was transferred to Madurai Central Prison on temporary basis for the purpose of seeing his relatives. The communication sent by the Superintendent of Police, https://hcservices.ecourts.gov.in/hcservices/

Central Prison, Madurai to the Superintendent of Police, Central Prison, Trichy would show that the petitioner's husband's conduct was good and there is no complaint as against him. Taking into consideration of the fact that his native place is at Sivagangai, which is nearer to Madurai, a recommendation has been made to the Inspector General of Police (Prison), Chennai. Such a communication was also sent by the third respondent as seen in proceedings dated 23.01.2015.

5. In view of the same, a direction is issued to the Inspector General of Police, Chennai to pass appropriate order on the recommendations made by the second respondent within eight weeks from the date of receipt of copy of this order. Till such time it is made clear that the petitioner's husband namely Mr. Ramachandran (convicted prisoner No.10245) shall not be transferred from Central Prison, Madurai to Central Prison, Trichy.

6. With the above direction, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Per.Admn) \\True copy\\ Sub Assistant Registrar To 1.The Inspector General of Police, Chennai.

2. The Additional Director General of Police, No.1. CMDA Building, First Floor, Gandhi Irwin Road, Egmore, Chennai-8.

3.The Superintendent of Prison, Madurai Central Prison, Madurai.

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

+1CC TO MR.P.T.RAMESH RAJA ADVOCATE SR.NO.28551 W.P(MD)No.9114 of 2015 and MP(MD).NO.1 of 2015 08.06.2015 pjl NA/PPS/09/06/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/