Madras High CourtWP(MD)/27877/2023disposed of

Zubaida Begum v. The State Represented By Its

2024-02-21Honourable Dr Justice G. Jayachandran,Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN Zubaida Begum .. Petitioner Vs.

The State represented by its, 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St.George, Chennai - 600 009.

2.The Additional Director General of Prison, C.M.D.A. Towers, Egmore, Chennai - 600 008.

3.The Superintendent, Central Prison, Trichy - 620 020.

4.The Superintendent, Central Prison Puzhal - I, Puzhal.

.. Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to transfer, the detenu, Sarfudeen, S/o.P.K.Abdul Salam, aged about 45 years, Convict No.6583, from Central Prison Trichy to Central Prison Puzhal, confined at Central Prison Trichy.

For Petitioner : Mr.R.Narayanan For Respondents : Mr.S.Ravi Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

The petitioner herein is the wife of the life convict, seeking transfer of the convict from Trichy Central Prison to Puzhal Central Prison.

2. The learned counsel appearing for the petitioner submitted that earlier, the petitioner's husband was confined in Vellore Central Prison and on the request made by the petitioner to transfer her husband to Puzhal Central Prison, the prison authorities have taken an administrative decision to transfer him from Vellore Central Prison to Trichy Central Prison. Since

August 2023, the petitioner's husband is in Trichy Central Prison. Since it is difficult for the petitioner to visit her husband, she seeks transfer of the convict from Trichy Central Prison to Puzhal Central Prison.

3. The learned Additional Public Prosecutor appearing for the respondents submitted that pursuant to the order passed by the High Court, leave has been granted to the convict and presently, he is on leave.

4. Taking note of the above fact, the Writ Petition is disposed of with liberty to the petitioner herein to make a fresh representation seeking transfer after the convict surrenders on expiry of the leave period before the prison authorities. There shall be no order as to costs. (G.J.,J.) (C.K.,J.) 21.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St.George, Chennai - 600 009.