Dismissed¶41

P.Sabareeswaran v. the Director General of Prison

Madras HC12 Aug 2025WP/30030/2025

Case brief

AI extract

What is this about?

W.P.No.30030 of 2025; Madras High Court; Justice P.T. Asha; writ of certiorarified mandamus; Article 226 Constitution of India; eviction/vacation of official government quarters; Superintendent of Prison Central Prison Coimbatore; Director General of Prison; transfer order dated 25.05.2025; Proceedings No.73/Po1/2025 dated 10.07.2025; Jail Quarters Gandhipuram Coimbatore; retention until academic year April 2026; representation dated 25.07.2025; prison staff transfer; writ petition dismissed; connected miscellaneous petitions closed; no costs.

What did the court decide?

The impugned order is an order calling upon the petitioners to vacate and hand over vacant possession of the official quarters, in view of their transfer vide order dated 25.05.2025. ¶36

P.Sabareeswaran Vs the Director General of Prison — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the writ petition challenging the impugned order directing the petitioners to vacate and hand over possession of their official quarters could be sustained.

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Court's answer

The impugned order is an order calling upon the petitioners to vacate and hand over vacant possession of the official quarters, in view of their transfer vide order dated 25.05.2025.

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Ratio / Principle

The challenge to the impugned order cannot be sustained: the petitioners were transferred as early as May 2025, other persons posted to their original workplace require the residential quarters, the transfer order was served even prior to the academic year, and the petitioners had continued in their official residence for over two months.

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Detailed headnote1 paragraphs

Madras High Court (P.T. Asha, J.), 12.08.2025 - Twelve prison-department employees challenged, under Article 226 of the Constitution of India by way of a writ of certiorarified mandamus, the order of the Superintendent of Prison, Central Prison, Coimbatore (Proceedings No.73/Po1/2025, dated 10.07.2025) directing them to vacate and hand over possession of their official quarters at Jail Quarters, Kattoor Police Station backside, Gandhipuram, Coimbatore, following their transfer vide order dated 25.05.2025; they sought retention in the premises until the academic year ending April 2026, citing school/college-going children. The Court observed that the impugned order was in substance a vacation-of-quarters order consequent on the May 2025 transfers; the petitioners had been served with the transfer order even prior to the academic year and had continued in the official residence for over two months, while other persons posted to their original workplace required the quarters. Holding the challenge unsustainable, the Court dismissed the writ petition, closed the connected miscellaneous petitions (W.M.P.Nos.33652, 33653 & 33655 of 2025) and ordered no costs.

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W.P.No.30030 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.08.2025

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CORAM:

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THE HONOURABLE MS. JUSTICE P.T.ASHA

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W.P.No.30030 of 2025 and W.M.P.Nos.33652, 33653 & 33655 of 2025

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P.Sabareeswaran

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P.Sathish Kumar

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M.Ramesh

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M.Kumaravel

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K.Vembadi Maharaja

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K.Shanmugaraja

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T.Gopalakrishnan

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A.Suruli

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C.Arumai Nayagam

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K.Sasikumar

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M.Mahendiran 12. S.Mathivanan ... Petitioners

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Vs.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.30030 of 2025

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The Director General of Prison, Office of Director General of Prison, Whannels Road, Egmore, Chennai District – 600 008.

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The Superintendent of Prison, Central Prison, Coimbatore Coimbatore District.

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned residential transfer order issued by the second respondent in his proceedings in No.73/Po1/2025 dated 10.07.2025, quash the same as illegal, bias and arbitrary and consequently directing the second respondent to allow us and to retain as well as reside in the same premises situated in Jail Quarters, Kattoor Police Station backside, Gandhipuram, Coimbatore District – 641 018 until the academic year viz., April, 2026 by considering our representation dated 25.07.2025.

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For Petitioners : Mr.M.Dinesh For Respondents : Mr.G.Nanmaran Special Government Pleader

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ORDER

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Challenging the order directing the petitioners to vacate and

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handover the possession of the official quarters, this writ petition has been filed.

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.30030 of 2025

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The affidavit filed in support of the Writ Petition is very sketchy. The petitioners have stated that they have children who are School/ College going and that the transfer at this stage would cause prejudice to their educational prospects.

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From a perusal of the affidavit, it is not known as to whether the petitioners are seeking interference of this Court to their transfer or whether it is the impugned order that is sought to be set aside.

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In fact in ground “D”, the petitioners have stated that transfer cannot be granted in a mechanical or burdensome manner and in total disregard of family, health and safety concerns. Further, the transfers cannot be in the middle of the academic year. The order that is impugned in the Writ Petition is the proceedings of the second respondent dated 10.07.2025 in proceedings No.73/PO1/2025.

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A perusal of the impugned order would clearly show that it is an order calling upon the petitioners to vacate and handover the vacant possession of the official quarters, in view of their transfer vide order dated 25.05.2025. When queried by this Court, the learned counsel for Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.30030 of 2025

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the petitioners would submit that they require a year's time to vacate and hand over the possession.

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The records would show that the petitioners have been

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transferred to various places as early as in the month of May, 2025 and other persons have been posted to the place, where the petitioners were originally working. These persons require residential quarters. The petitioners have been served with the transfer order, even prior to the academic year and they have continued in their official residence for over two months. Therefore, the challenge to the impugned order cannot be sustained and accordingly, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs.

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12.08.2025

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dh Index: Yes/No Internet: Yes/No

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.30030 of 2025

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