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Madras High CourtWP(MD)/1247/2019disposed of

Poonnusamy, S/O. Karuppiah, v. The Additional Director

2019-11-12Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Ponnusamy ... Petitioner Vs.

1. The Additional Director General of Police (Prisons), The Inspector General of Prisons, Office of the Additional Director General of Police (Prisons), The Inspector General of Prisons, CMDA Tower - II, No.I, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Deputy Inspector General of Prisons, Trichy Range / Madurai Range, Trichy Central Priso Campus, Trichy.

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

4. The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.

... 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 transfer the petitioner from the B Class to A Class in respondents-3 & 4 Central Prison, within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.Anandharaj, Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the respondents to transfer the petitioner from the 'B' Class to 'A' Class in respondents-3 & 4 Central Prison, within the time stipulated by this Court.

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2. The petitioner sent representation to the authorities concerned for seeking transfer from 'B' Class to 'A' Class. On receipt of the same, the fourth respondent has forwarded the same to the District Collector, Tirunelveli District for making recommendation to the Government as contemplated under Sections 226 & 227 of the Tamil nadu Prison Manual.

3. Considering the facts and circumstances, the District Collector, Tirunelveli District is directed to consider the request of the petitioner which was forwarded by the fourth respondent and report to the Home Secretary, Government of Tamil Nadu, within a period of Two weeks from the date of receipt of a copy of the order. Thereafter, the Home Secretary, Government of Tamil Nadu is directed to pass order on merits and in accordance with law, within a period of Four weeks from the date of the report of the District Collector, Tirunelveli District.

4. With the above directions, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CO) / True Copy / Sub Assistant Registrar(CS-II) To

1. The Additional Director General of Police (Prisons), The Inspector General of Prisons, Office of the Additional Director General of Police (Prisons), The Inspector General of Prisons, CMDA Tower - II, No.I, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The District Collector, Tirunelveli District, Tirunelveli.

3. The Deputy Inspector General of Prisons, Trichy Range / Madurai Range, Trichy Central Priso Campus, Trichy.

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

5. The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.

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6. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

7. The Home Secretary, Government of Tamil Nadu, Fort.St.George, Chennai -9.

Order made in W.P (MD)No. 1247 of 2019 12.11.2019 ksa ES/SAR 2/15.11.2019/3P/8C 3/3