Manikandan v. State Of Tamil Nadu Represented By The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2023 CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Manikandan ... Petitioner vs.
1. The State of Tamil Nadu, Rep. by The Principal Secretary, Home, Prohibition and Excise Department State Secretariat, Fort St.George, Chennai - 600 009.
2. The Director General of Police/Director of Prisons and Correctional Services, C.M.D.A. Towers II, No.1, Gandhi Irvin Road, Elumbur, Chennai.
3. The Superintendent of Prison, Madurai Central Prison, Madurai District.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to transfer the petitioner from the 'B' class to 'A' class in Madurai Central Prison in accordance with law within the time stipulated by this Court. Page No.1 of 7
For Petitioner : Mr.S.Ramesh Kumar For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity, convenience and clarity) has been filed in this Court on 21.11.2023. 2.WP petitioner is a prison inmate having been convicted and handed down life sentence vide judgment of conviction and sentence dated 28.03.2013 in S.C.No.55 of 2006 on the file of learned Principal Sessions Judge, Virudhunagar District at Srivilliputhur (it is erroneously mentioned as Sessions Court, Ramanathapuram vide paragraph 3 of the support affidavit) which was confirmed by this Court vide judgment dated 31.10.2017 in Crl.A.(MD) No.278 of 2016. 3.Short point is WP petitioner seeks 'A' Class in Madurai Central Prison saying that he satisfies all determinants in this regard qua 'Tamil Nadu Prison Rules, 1983' (hereinafter 'said Rules' for the sake of brevity).
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4.Learned counsel also draws our attention to the representation sent to the respondents in this regard being representation dated 09.11.2023 and a scanned reproduction of the same as placed before us is as follows:
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5.Issue notice.
6.Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor submits, on instructions, that aforesaid representation is under active consideration of the respondents. He has also submitted that the third respondent has written to learned Principal District Judge, Srivilliputhur vide communication dated 24.11.2023 bearing reference No. 18518/jF/4/2023 seeking for a report.
7.No sooner than the report is received from the learned Principal District Judge, the request would be processed further is learned Prosecutor's say.
8.In this view of the submission, we deem it appropriate to direct the learned Principal District Judge, Virudhunagar District at Srivilliputhur to respond to aforementioned 24.11.2023 communication as expeditiously as his business would permit but in any event within one week from today i.e., by 04.12.2023.
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9.In the light of the narrative thus far, with the consent of both sides, main WP is taken up.
10.We dispose of the captioned main WP with a directive to respondents to dispose of aforementioned 09.11.2023 representation as expeditiously as the business of respondents would permit but in any event within six weeks from today i.e., by 08.01.2024. There shall be no order as to costs.
(M.S., J.) (R.S.V., J.) 27.11.2023 Index : Yes/No PKN Page No.5 of 7
To
1. The Principal Secretary, Home, Prohibition and Excise Department State Secretariat, Fort St.George, Chennai - 600 009.
2. The Director General of Police/Director of Prisons and Correctional Services, C.M.D.A. Towers II, No.1, Gandhi Irvin Road, Elumbur, Chennai.
3. The Superintendent of Prison, Madurai Central Prison, Madurai District.
4. The Principal District Judge, Virudhunagar District at Srivilliputhur.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.SUNDAR, J.
and R.SAKTHIVEL, J.
PKN ORDER MADE IN 27.11.2023 Page No.7 of 7