Sanal Kumar v. The Principal Secretary To Government

1 W.P.(MD)NO.27964 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MS.JUSTICE R. POORNIMA W.P.(MD)No.27964 of 2024 Sanal Kumar ... Petitioner Vs.

1. The Principal Secretary to Government, Home Department(Prison), Secretariat, St.George Fort, Chennai.

2. The Director General of Prison and Correctional Services, Egmore, Chennai.

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

4. The Director General of Prison, Prison Department, Poojappura, Thiruvananthapuram.

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

6. The Kerala Government Secretariat, Secretariat Main Block, Statue, Palayam, Thiruvananthapuram, Kerala.

(R-6 is impleaded vide order dated 05.12.2024 in W.M.P.(MD)No.24649 of 2024) ... Respondents 1/5

2 W.P.(MD)NO.27964 OF 2024 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 2 and 3 to consider the petitioner's representation dated 01.10.2024 in consultation with the State Government / 1st respondent for transferring the petitioner's son Abhinand, aged about 28 years, C.P.No.886 from Central Prison, Madurai to Central Prison, Kannur.

For Petitioner : Mr.J.Vivek For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

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O R D E R

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the Tamil Nadu Government.

2. The petitioner hails from Kerala. His son is languishing in Central Prison, Madurai. The petitioner seeks transfer to the Central Prison, Kannur. The petitioner has given representation dated 01.10.2024, in this regard.

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3 W.P.(MD)NO.27964 OF 2024

3. The first respondent is directed to dispose of the said representation on merits and in accordance with law after consulting the Government of Kerala within a period of sixteen weeks from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs.

(G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.) 5th December 2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/5

4 W.P.(MD)NO.27964 OF 2024 To:

1. The Principal Secretary to Government, Home Department(Prison), Secretariat, St.George Fort, Chennai.

2. The Director General of Prison and Correctional Services, Egmore, Chennai.

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

4. The Director General of Prison, Prison Department, Poojappura, Thiruvananthapuram.

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

6. The Kerala Government Secretariat, Secretariat Main Block, Statue, Palayam, Thiruvananthapuram, Kerala.

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

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5 W.P.(MD)NO.27964 OF 2024 G.R.SWAMINATHAN,J.

AND R.POORNIMA, J.

PMU W.P.(MD)No.27964 of 2024 05.12.2024 5/5