K.Murugaiyan v. The Home Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2023 Coram The Hon'ble Mr. Justice M.SUNDAR and The Hon'ble Mr. Justice M.NIRMAL KUMAR W.P.No.1125 of 2023 K.Murugaiyan S/o.Kathirvel ... Petitioner -vs1. The Home Secretary Home Department Secretariat, Fort. St.George Chennai - 600 009
2. Additional Director General of Police and Inspector General of Prisons Whannels Road, Egmore Chennai - 600 008
3. The Superintendent of Police Cuddalore Central Prison Cuddalore District
4. The Inspector of Police All Women Police Station, Viruthachalam Cuddalore District ... Respondents
Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to grant 6 days Emergency leave without escort to the Convict Mr.Manikandan S/o.Murugaiyan (CT 16892) now confined in Cuddalore Central Prison for the purpose of participating in his sister's marriage and for doing the customs in the marriage in pursuant to the representation given to the respondents dated 26.12.2022.
For Petitioner ..
Mr.P.Muthamizh Selvakumar For Respondents ..
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SUNDAR, J.] Captioned writ petition has been filed with a prayer to mandamus the respondents to grant emergency leave to convict prisoner Mr.Manikandan Son of Mr.Murugaiyan (CT 16892), now lodged in Cuddalore Central Prison. To be noted, convict prisoner's father Mr.Murugaiyan is the writ petitioner.
2. Hon'ble predecessor Bench ordered notice on 12.01.2023. Today, Mr.R.Muniyapparaj, learned Additional Public Prosecutor for the respondents submits that vide proceedings dated 19.01.2023 bearing reference No.26884/j/F/1/2023, the request for emergency leave had been acceded to.
3. Learned Additional Public Prosecutor has placed before this Court a communication in this regard and a scanned reproduction of the same is as follows:
4. Learned counsel for writ petitioner submits that the position that emergency leave was granted is correct and submits that the same was acceded to post 12.01.2023, after notice was ordered by Hon'ble predecessor Bench. Nonetheless as the prayer of the writ petitioner has been acceded to, nothing really survives in the matter.
5. Recording the stated position of the parties, captioned writ petition is disposed of as closed. There shall be no order as to costs. (M.S,J.) (M.N.K.,J.) 24.01.2023 Index:Yes/No gpa
To
1. The Home Secretary Home Department Secretariat, Fort. St.George Chennai - 600 009
2. The Additional Director General of Police and Inspector General of Prisons Whannels Road, Egmore Chennai - 600 008
3. The Superintendent of Police Cuddalore Central Prison Cuddalore District
4. The Inspector of Police All Women Police Station, Viruthachalam Cuddalore District
M.SUNDAR, J.
and M.NIRMAL KUMAR, J.
gpa W.P.No.1125 of 2023 24.01.2023