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2025 DAILYLAW 219512 (MAD)

VENKATAJALAPATHY v. The State rep by its the Home Secretary of Prison

WP Crl./1183/2025 · 2025-10-28

M Jothiraman, N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.No.1183 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-10-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.Crl.No.1183 of 2025 Venkatajalapathy S/o.Kolandaiappan, Convict Prisoner, CT No.3095, PID No.57069, confined at Central Prison, Salem, Hasthampatty, Salem-7. Petitioner(s) Vs 1. The State represented by its Home Secretary of Prison, Home Department, Secretariat, Fort St.George, Chennai-600 009. 2.The Director General of Prison and Correctional Service Department Whannels Road, Egmore, Chennai-600 008. 3.The Director General of Prison and Correctional Service Department No.04, Sheshadri Road, Gandhi Nagar, Bengaluru-560009. Page 1 of 6 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1183 of 2025 4.The Superintendent of Prison Central Prison at Salem, Hasthampatty, Salem-7. 5.The Chief Superintendent of Prison Central Prison at Bengaluru, Parappa, Agrahara, Electronic City Post, Bengaluru-560100. Respondent(s) Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to transfer the petitioner/convict viz. Venkatajalapathy, S/o.Kolandaiappan, CT No.3095 (PID No.57069) from the fourth respondent/Central Prison, Salem, to fifth respondent/Central Prison, Bengaluru, in pursuant of the petitioner's wife's representation dated 02.08.2025. For Petitioner(s): Mr.M.Mohamed Saifulla For RR 1 to 4: Mr.A.Gokulakrishnan Additional Public Prosecutor assisted by Ms.Arifa Thasneem ORDER (Made by N.Sathish Kumar, J.) This writ petition has been filed seeking to direct the first respondent p. 2 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1183 of 2025 to transfer the petitioner/convict viz. Venkatajalapathy, S/o.Kolandaiappan, CT No.3095 (PID No.57069) from the fourth respondent/Central Prison, Salem, to fifth respondent/Central Prison, Bengaluru, pursuant to the representation of the petitioner's wife's dated 02.08.2025. 2. The petitioner is a life convict and he is confined in the Central Prison, Salem. Now, the petitioner seeks a direction to transfer him from the Central Prison, Salem, to the Central Prison, Bengaluru. 3. On instructions, the learned Additional Public Prosecutor submitted that transfer of prisoners convicted by Civil Courts of competent jurisdiction on reciprocal basis is permissible under Rule 576 of the Tamil Nadu Prison Rules, 2024. He further submitted that the representation given by the petitioner's wife has been communicated to the Government of Karnataka, but, the prison authorities of Karnataka has rejected to exercise the reciprocal arrangements and therefore, at present the respondents cannot transfer the petitioner in view of the orders passed by the prison authorities of Karnataka. Further, he submitted that the orders passed by the prison p. 3 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1183 of 2025 authorities of Karnataka will be duly communicated to the petitioner forthwith. In such view of the matter, no mandamus could be issued in the petition at this stage and hence, this writ petition stands closed. (N.S.K., J.) (M.J.R., J.) 28-10-2025 nsd To 1. The Home Secretary of Prison, Home Department, Secretariat, Fort St.George, Chennai-600 009. 2.The Director General of Prison and Correctional Service Department Whannels Road, Egmore, Chennai-600 008. 3.The Director General of Prison and Correctional Service Department No.04, Sheshadri Road, Gandhi Nagar, Bengaluru-560009. 4.The Superintendent of Prison Central Prison at Salem, Hasthampatty, Salem-7. Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1183 of 2025 5.The Chief Superintendent of Prison Central Prison at Bengaluru, Parappa, Agrahara, Electronic City Post, Bengaluru-560100. N.SATHISH KUMAR, J. and M.JOTHIRAMAN, J. nsd W.P.Crl.No.1183 of 2025 p. 5 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1183 of 2025 28.10.2025 p. 6 https://www.mhc.tn.gov.in/judis