A.Nadhira Banu v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR A.Nadhira Banu D/o.Abdul Razaq ..
Petitioner Vs.
1.
The Government of Tamil Nadu Rep. by its Secretary to Government Home (Prison IV) Department Fort St.George, Chennai-9.
2.
The Additional Director General of Prisons Thalamuthu Natarajan Maaligai 2nd Floor, Gandhi Irwin Road Egmore, Chennai-8.
3.
The Superintendent of Central Prison Puzhal-I, Chennai.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the 3rd respondent to consider Page Nos.1/4
the petitioner's representation dated 14.02.2022, pass suitable and appropriate order in accordance with the law, rules and regulations. For Petitioner :
Mr.K.Madhu For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor
O R D E R
[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 previous listing on 13.02.2023.
3. Today, Mr.K.Madhu, learned counsel for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for all the respondents are before us.
4. To be noted, as regards representation dated 14.02.2022, it is a representation seeking 60 days leave without escort primarily on the ground that the detenu has heart disease.
5. Pursuant to the earlier proceedings dated 13.02.2023, learned Prosecutor, on instructions submits that the petitioner's representation dated 14.02.2022 has since been disposed of by third respondent in and by 'order Page Nos.2/4
dated 17.02.2023 bearing reference No.171/Kc/2023' [hereinafter 'said order' for the sake of convenience and clarity].
6. It is also to be noted that the third respondent has filed a detailed counter affidavit but we do not propose to advert to the same, as we deem it appropriate to preserve all the rights and contentions of the petitioner to assail the said order as the said order does not accede to the request in the representation dated 14.02.2022.
7. In the light of the narrative thus far, captioned Writ Petition is disposed of as closed albeit preserving all the rights and contentions of the petitioner in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (M.N.K.,J.) 20.02.2023 Index : Yes / No Speaking / Non-speaking mk Page Nos.3/4
M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk To 1.
The Government of Tamil Nadu Rep. by its Secretary to Government Home (Prison IV) Department Fort St.George, Chennai-9.
2.
The Additional Director General of Prisons Thalamuthu Natarajan Maaligai 2nd Floor, Gandhi Irwin Road Egmore, Chennai-8.
3.
The Superintendent of Central Prison Puzhal-I, Chennai.
4.
The Public Prosecutor High Court, Madras.
20.02.2023 Page Nos.4/4