S.Selvi v. The Deputy Inspector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR S.Selvi W/o.P.Saranraj ..
Petitioner Vs.
1.
The Deputy Inspector General of Police Prison Department Gandhi Irwin Road, Egmore, Chennai-600 008.
2.
The Superintendent of Prison Central Prison, Trichy-620 020.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to consider the representations dated 10.11.2022 and 05.12.2022 and further grant 6 days ordinary leave without escort to the convict No.23588 namely, P.Saranraj, S/o.Purushothaman, aged 35 years, presently confined at Central Prison, Trichy.
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For Petitioner :
Mr.V.T.Narendiran representing Mr.G.Paul Einstein 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 15.02.2023 which reads as follows:
'In the captioned writ petition, wife of a convict prisoner P.Saranraj (Convict No.23588), son of Purushothaman, aged 35 years, now detained in Central Prison, Trichy has sought for a mandamus qua representations dated 10.11.2022 and 05.12.2022 seeking 6 days ordinary leave without escort.
2. Mr.V.T.Narendiran, learned counsel representing the counsel on record for petitioner submits that convict prisoner's father is now on constant medication for heart disease and old age related ailments and is now admitted in Stanley Government Hospital, Chennai.
3. Mr.R.Muniyapparaj, learned Additional Public Prosecutor who accepts notice for both respondents, sought for a Page Nos.2/6
short accommodation to get instructions and revert to this Court. List on 22.02.2023.'
3. Today, Mr.V.T.Narendiran, learned counsel representing the counsel on record for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for both the respondents are before us.
4. Today, learned State Prosecutor has placed before us an 'order dated 10.02.2023 bearing reference K:/K/vz;/6220-jF/4-2022'
[hereinafter 'said order' for the sake of convenience and clarity]. Learned Prosecutor submits that 6 days ordinary leave without escort sought for by the detenu has been negatived.
5. Learned counsel for petitioner points out that there are howlers in the counter affidavit which go to show that the matter has been dealt with in a casual manner and in a manner which will not pass muster in a Court of law.
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6. Be that as it may, captioned Writ Petition is one for mandamus qua representations dated 10.11.2022 and 05.12.2022 which have since been disposed of vide said order. Therefore we deem it appropriate to dispose of the captioned writ petition, leaving it open to the petitioner to assail the said order, if so advised and if so desired in a manner known to law. We make it clear that all the rights and contentions of both sides including the points in the writ affidavit and counter affidavit in the captioned matter are left open if a challenge is laid to the said order.
7. Ergo, captioned Writ Petition 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.) 22.02.2023 Index : Yes Speaking mk Page Nos.4/6
To 1.
The Deputy Inspector General of Police Prison Department Gandhi Irwin Road, Egmore, Chennai-600 008.
2.
The Superintendent of Prison Central Prison, Trichy-620 020.
3.
The Public Prosecutor High Court, Madras.
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M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk 22.02.2023 Page Nos.6/6