Dismissed

A.Ramalingam v. the State Rep.by Its

Madras HC22 Jan 2021HCP/52/2021

Case brief

AI extract

What is this about?

The court held that a habeas corpus petition for prisoner transfer is not maintainable and should be treated as a writ petition for mandamus. The matter was referred to the Division Bench, and the second respondent was directed to consider the petitioner's representation within four weeks.

What did the court decide?

The habeas corpus petition was dismissed as not maintainable. The matter was remitted to the Registry to number as a writ petition and post before the Division Bench.

A.Ramalingam Vs the State Rep.by Its — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.01.2021

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Coram

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The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice V.SIVAGNANAM

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H.C.P. No.52 of 2021

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A.Ramalingam .. Petitioner Vs. 1.State represented by its Home Secretary (Prison), Home Department, Secretariat, Fort St.George, Chennai – 600 009.

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2.The Director general of Prison and Inspector General of Prison, Whannels Road, Egmore, Chennai – 600 008.

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3.The Deputy Inspector General of Prison, Office of the D.I.G. At Coimbatore Range, Gandhipuram, Coimbatore.

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4.The Superintendent of Prison, Coimbatore Central Prison, Gandhipuram, Coimbatore.

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5.The Superintendent of Prison, Salem Central Prison, Salem District.

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6.The Inspector of Police, Ammapet Police Station, Salem. .. Respondents

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Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the respondents to transfer the petitioner viz., Ramalingam S/o.Arumugam, from Central Prison, Coimbatore, to undergo his remaining punishment period at Salem Central Prison based on his representation dated 09.12.2020. For Petitioner : Mr.M.Mohamed Saifulla For Respondents : Mr.R.Prathap Kumar Additional Public Prosecutor

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER

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[Order of the Court was made by P.N.PRAKASH, J.]

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This habeas corpus petition has been filed seeking to direct the respondents to transfer the petitioner viz., Ramalingam S/o.Arumugam, from Central Prison, Coimbatore, to undergo his remaining punishment period at Salem Central Prison based on his representation dated 09.12.2020.

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The petitioner is a convict prisoner, whose conviction and sentence have been confirmed by this Court in C.A.No.781 of 2011 on 29.08.2019. The petitioner is seeking transfer from Central Prison, Coimbatore to Central Prison, Salem, for which, the present habeas corpus petition has been filed.

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In effect, the petitioner seeks a writ of mandamus. In the light of the law laid down by the Supreme Court in The Home Secretary (Prison) and others Vs. H.Nilofer Nisha¹ , the present habeas corpus petition for such a relief cannot be maintained. Such habeas corpus petitions are frequently filed in this Court and in our opinion, they have to be treated as writ petitions and posted before the Division Bench, since the custody of the prisoner is not per se illegal and is pursuant to an order of conviction and sentence by a competent Court.

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Hence, the matter may be placed before the Hon'ble Chief Justice for issuance of appropriate directions to the Registry to number such petitions as writ petitions and post them before the Division Bench, for orders.

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Treating this as a writ petition for a mandamus, the second respondent is directed to consider the petitioner's representation dated 09.12.2020 in accordance with law within four weeks from the date of receipt of a copy of this order and pass appropriate orders.

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With the above directions, this writ petition is disposed of. No costs.

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Sub Assistant Registrar

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nsd

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https://hcservices.ecourts.gov.in/hcservices/

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1.The Home Secretary (Prison), Home Department, Secretariat, Fort St.George, Chennai – 600 009. 2.The Director General of Prison and Inspector General of Prison, Whannels Road, Egmore, Chennai – 600 008 3.The Deputy Inspector General of Prison, Office of the D.I.G. At Coimbatore Range, Gandhipuram, Coimbatore. 4.The Superintendent of Prison, Coimbatore Central Prison, Gandhipuram, Coimbatore. 5.The Superintendent of Prison, Salem Central Prison, Salem District. 6.The Inspector of Police, Ammapet Police Station, Salem. 7.The Registrar (Judicial) High Court of Madras. Copy to: The Section Officer Criminal Section High Court,Madras. H.C.P. No.52 of 2021 RSI(CO) NRA(01/03/2021).

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https://hcservices.ecourts.gov.in/hcservices/

A.Ramalingam v. the State Rep.by Its

Case brief

What is this about?

What did the court decide?

A.Ramalingam v. the State Rep.by Its

Case brief

What is this about?

What did the court decide?

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