P.Nagarathinam v. The Inspector General Ofprison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2017

CORAM

THE HONOURABLE DR.JUSTICE A.M.BASHEER AHAMED W.P.(MD)No.8490 of 2017 P.Nagarathinam ... Petitioner vs.

1.The Inspector General of Prison, CMDA Tower-II, No.1, Gandhi Irwin Road, Egmore, Chennai.

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

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

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner representation dated 05.04.2017 and consequently direct the 2nd respondent to retransfer the petitioner's son Kumareson son of Pandi to 3rd respondent prison on humanitarian ground in the interest of his rehabilitation.

For Petitioner : Mr.J.Vijayaraja For Respondent : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

O R D E R

The learned counsel for the petitioner is present. The Additional Government Pleader takes notice for R1 to R3. Mr.K.Senthil Kumar, Sub Assistant Jailor, Tamil Nadu Prison Department assisted the Additional Government Pleader. https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel for the petitioner states that the petitioner's son was convicted in S.C.No.132 of 2008 for life

imprisonment and he was confined in Central Jail, Madurai and thereafter in the year 2015 he was transferred to Trichy Jail. 3.It is further stated by the learned counsel for the petitioner that it causes great inconvenience to the petitioner to visit her son as he was in jail for the past eight and a half years as a convicted prisoner. It is also stated that as a mother, her Fundamental Rights was denied or taken away, by way of transfer.

4.The Additional Government Pleader states that the petitioner created so many problems in the Madurai Jail and action was initiated. Thereafter, he was transferred to Trichy Jail and he is in Trichy Jail now. It is also admitted that the petitioner has given representation dated 05.04.2017 to re-transfer the petitioner's son Kumerson to the third respondent prison. Hence the first respondent is directed to consider the said representation dated 05.04.2017 according to the merits of the case and pass suitable orders.

With the above observations, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The Inspector General of Prison, CMDA Tower-II, No.1, Gandhi Irwin Road, Egmore, Chennai.

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

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

+One cc to Mr.J.Vijayaraja, Advocate, SR.No.55295 GK/MYR RL/5C/2P/MR/SAR3/12.5.2017 W.P.(MD)No.8490 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 28.04.2017