Case Note & Summary
The petitioner, Seiyathu Meera, mother of the prisoner Bakrudeen @ Police Bakrudeen, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents to consider her representation dated 03.01.2025 for transfer of her son from Central Prison, Puzhal, Chennai to Central Prison, Madurai. The petitioner's counsel argued that the prisoner was suffering from various ailments requiring treatment at a private hospital in Madurai, and the mother was aged. The Additional Public Prosecutor opposed, stating the prisoner was already taken to Government Stanley Hospital, Chennai, and all necessary treatments would be provided; the transfer representation was under consideration. The court, noting that the representation was already under consideration, directed the respondents to consider it and pass orders on merits and in accordance with law within four weeks from receipt of a copy of the order. The writ petition was disposed of, and the connected miscellaneous petition was closed. No costs were awarded.
Headnote
A) Constitutional Law - Writ of Mandamus - Consideration of Representation - Article 226 of the Constitution of India - The petitioner, mother of a prisoner, sought a writ of mandamus to direct the respondents to consider her representation for transfer of her son from Central Prison, Puzhal to Central Prison, Madurai on grounds of his ailments and her old age. The court directed the respondents to consider the representation and pass orders on merits within four weeks, as the representation was already under consideration. (Paras 1-4)
Issue of Consideration
Whether the respondents should be directed to consider the petitioner's representation for transfer of the prisoner from Central Prison, Puzhal to Central Prison, Madurai.
Final Decision
The respondents are directed to consider the petitioner's representation dated 03.01.2025 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. The writ petition stands disposed of. Consequently, W.M.P.No.903 of 2025 is closed. No costs.
Law Points
- Writ of Mandamus
- Consideration of representation
- Prisoner transfer
- Article 226 of the Constitution of India
Case Details
2025 LawText (MAD) (01) 274
S.M.SUBRAMANIAM, M.JOTHIRAMAN
Mr.R.Sankarasubbu, Mr.R.Muniyapparaj
State represented by The Home Secretary to Government, The Director General of Prison and Correctional Service, The Superintendent of Central Prison II
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents to consider the petitioner's representation for transfer of a prisoner.
Remedy Sought
The petitioner, mother of the prisoner, sought a direction to the respondents to consider her representation dated 03.01.2025 for transfer of her son from Central Prison, Puzhal to Central Prison, Madurai.
Filing Reason
The prisoner was suffering from various ailments and needed treatment at a private hospital in Madurai; the mother was aged and unable to travel to Chennai.
Issues
Whether the respondents should be directed to consider the petitioner's representation for transfer of the prisoner.
Submissions/Arguments
Petitioner's counsel submitted that the prisoner is suffering from various ailments and has to take treatment in a private hospital at Madurai; the mother of the prisoner is also aged.
Additional Public Prosecutor opposed stating that the prisoner was already taken to Government Stanley Hospital at Chennai and all necessary treatments will be provided; the representation for transfer is under consideration.
Ratio Decidendi
When a representation is pending before the authorities, the court may direct its expeditious consideration rather than granting the substantive relief sought, as the authorities are best suited to decide on merits in accordance with law.
Judgment Excerpts
The mother of the prisoner has filed the present writ petition to direct the respondents to consider her representation dated 03.01.2025 for transfer of the prisoner from Central Prison, Puzhal to Central Prison, Madurai.
That being so, the respondents are directed to consider the said representation and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
Procedural History
The petitioner filed W.P.No.733 of 2025 on an unspecified date, seeking a writ of mandamus. The court heard the matter on 09.01.2025 and disposed of the petition with directions.
Acts & Sections
- Constitution of India: Article 226
