Chinnathai P v. The Director General Of Prisons And Correctional Service Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE BATTU DEVANAND W.P.(MD)No.11639 of 2025 and WMP(MD)Nos.8603 and 8604 of 2025 P.Chinnathai ...Petitioner Vs.
1. The Director General of Prisons and Correctional Service of Tamil Nadu, Egmore,Chennai - 8.
2. The Superintendent of Central Prison, Madurai.
3. The Superintendent of Central Prison Vellore.
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, in the nature of a writ of Certiorarified Mandamus to call for the records pertaining to the transfer order passed by 1st respondent in 40201/ES3/2022 dated 15.04.2025 and subsequent reliving order passed by 2nd respondent in No.204/pe.tha.si.ma/2025 dated 20.04.2025 and to quash the same and further direct the respondents to restore the petitioner as Chief Head Warder, Special Prison for Women, Madurai.
For Petitioner : Mr.T.S.Mohamed Mohideen For Respondents : Mr.P.Subbaraj Special Government Advocate
O R D E R
This writ petition has been filed against the order of transfer passed by the first respondent dated 15.04.2025 transferring the petitioner from Madurai to Vellore.
2. The petitioner is working as the Chief Head Warder at the Special Prison for Women, Madurai. By the impugned proceedings, the first respondent passed the order transferring the petitioner from Madurai to Vellore. Aggrieved by the same, the present writ petition is filed. 3.The learned counsel for the petitioner would submit that the first daughter of the petitioner is a medical student. The second daughter is studying B.Tech at Sethu College of Engineering at Virudhunagar. The third daughter is preparing for NEET examination. Her father-in-law is no more and the petitioner has to take care of her mother-in-law, who is affected by breast cancer and undergone a surgery. Now the learned counsel submits that the petitioner is transferred from Madurai to Vellore, which is 435 kms away from Madurai. Under these
circumstances, it is very difficult to the petitioner to shift from Madurai to Vellore. The learned counsel further contends that the first respondent can consider to accommodate the petitioner at any nearby place instead of Vellore, which is 435 kms away from Madurai.
4. On the other hand, Mr.Subbaraj, learned Special Government Pleader appearing for the respondents submits that the petitioner is working at Madurai since 2016. For the last 9 years, she is working at Madurai only. The transfer is effected due to administrative reasons and as such, interference of this Court is not required.
5. Though the petitioner has raised several grounds against the transfer order, this Court is not inclined to interfere into the same in view of the fact that the petitioner is working at Madurai for the last nine years. If the petitioner is permitted to continue at one place for several years, definitely, it will cause irreparable loss to other employees working in the same Department.
6. However, considering the grievances of the petitioner, she is permitted to make representation to the first respondent requesting to
accommodate her at any nearby place to Madurai. The said representation shall be considered by the first respondent subject to availability of the vacancies at nearby places considering the difficulties of the petitioner to go to Vellore, which is 435 kms away from Madurai.
7. With the above observation, this writ petition is disposed of. There shall be no order as to costs.
Consequently, connected miscellaneous petition is closed. 22.04.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No CM To,
1. The Director General of Prisons and
Correctional Service of Tamil Nadu, Egmore, Chennai - 8.
2. The Superintendent of Central Prison, Madurai.
3. The Superintendent of Central Prison Vellore.
BATTU DEVANAND , J.
CM W.P.(MD)No.11639 of 2025 and WMP(MD)Nos.8603 and 8604 of 2025 22.04.2025