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Madras High CourtWP(MD)/13202/2022closed

Kavitha v. The State Of Tamil Nadu

2022-06-24Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha2 pages

W.P.(MD) No.13202 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P.(MD) No.13202 of 2022 Kavitha ... Petitioner -vs1.The State of Tamil Nadu, Rep. by its Secretary to Government, Home (Prison IV) Department, Fort St.George, Chennai - 600 009.

2.The Additional Director General of Police/ Inspector General of Police, Chennai.

3.The Deputy Inspector General of Prison, Trichy Region, Trichy.

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

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to transfer the petitioner's husband namely Palpandi convicted prisoner No.21203 from the Central Prison, Trichy to Central Prison, Madurai based on the petitioner's representation dated 17.06.2022. For Petitioner :

Mr.D.S.Haroon Rasheed For Respondents :

Mr.S.Ravi, Addl. Public Prosecutor

O R D E R

(Made by P.N.PRAKASH, J.) Seeking transfer of convict prisoner Palpandi (Prisoner No.21203) from Central Prison, Trichy, to Central Prison, Madurai, the petitioner, who is the wife of the said Palpandi, gave a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.13202 of 2022 representation dated 17.06.2022 and thereafter filed the present writ petition.

2. In our opinion, no prisoner has a fundamental right, statutory right or vested right to be confined in a particular prison. It is the prison administration, which has to decide on these aspects bearing in mind various factors.

3. However, the learned Additional Public Prosecutor submitted that the representation of the petitioner is under consideration and that, appropriate orders would be passed by the authorities after getting the report from the Probation Officer.

4. Recording the same, this writ petition is closed. No costs. Sd/- Assistant Registrar (AS) // True Copy // /07/2022 Sub Assistant Registrar(CS) pkn To:

1.The Secretary, State of Tamil Nadu, Home (Prison IV) Department, Fort St.George, Chennai - 600 009.

2.The Additional Director General of Police/ Inspector General of Police, Chennai.

3.The Deputy Inspector General of Prison, Trichy Region, Trichy.

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

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

W.P.(MD) No.13202 of 2022 24.06.2022 RD(07.07.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2