Samsunisha v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2023 Coram The Hon'ble Mr. Justice M.SUNDAR and The Hon'ble Mr. Justice M.NIRMAL KUMAR W.P.No.2680 of 2023 Samsunisha .. Petitioner -vsThe State rep. By its 1.The Secretary to the Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 9.
2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore Central Prison, Coimbatore - 641 018.
3.The Superintendent, Coimbatore Central Prison, Coimbatore - 636 007.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to grant ordinary leave for 40 days without escort to the petitioner husband,
the detenu Mohammed Ansari, S/o.Mohammed Sheik, aged about 52 years, Convict No.13875, detained at Central Prison, Coimbatore. For Petitioner : Dr.S.Manoharan For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SUNDAR, J.] This order will now dispose of the captioned writ petition. 2.
This order has to be read in conjunction with and in continuation of earlier proceedings made in the listing on 02.02.2023, which reads as follows:
'Ms.S.Lakshmi, learned counsel for petitioner is before us. Mr.R.Muniyapparaj, learned State Additional Public Prosecutor submits that the leave application has been rejected citing pendency of Special Leave Petition in S.L.P(Crl.) No.24293 to 24297/10.
2. Both sides request for a short accommodation to ascertain the position qua Special Leave Petition and revert to this Court. Request acceded to.
List on 07.02.2023.'
3.
To be noted, thereafter there was one listing on 15.02.2023 but the matter was re-notified.
4.
Today, Dr.S.Manoharan, learned counsel for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor for respondents are before us.
5.
Learned State Additional Public Prosecutor submits that the application for 40 days leave made qua convict has been disposed of in and by an order dated 23.01.2023 bearing Ref.
No.00977/Tha.Ku.3/2023 and a scanned reproduction of the same is as follows:
6.
After some arguments, learned State Additional Public Prosecutor submitted that the aforementioned 23.01.2023 order will be reconsidered in the light of order dated 10.02.2023 made by us in W.P.No.2761 of 2023 (Shakila's case being another matter). 7.
Let the matter be reconsidered and let the orders be made afresh as expeditiously as the business of second and third respondents would permit but in any event within a fortnight from today i.e., by 07.03.2023.
8.
In the light of the narrative thus far, captioned writ petition is disposed of as closed. There shall be no order as to costs. (M.S., J.) (M.N.K., J.) 21.02.2023 Index:Yes/No mmi
To 1.The Secretary to the Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 9.
2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore Central Prison, Coimbatore - 641 018.
3.The Superintendent, Coimbatore Central Prison, Coimbatore - 636 007.
4.The Public Prosecutor, High Court, Madras.
M.SUNDAR, J.
and M.NIRMAL KUMAR, J.
mmi W.P.No.2680 of 2023 21.02.2023