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Madras High CourtWP/2402/2013dismissed as infructuous

Poonkodi, F/A 40 Years v. The Government Of Tamilnadu

2020-09-11Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.2402 of 2013 & M.P.No.1 of 2013 Poonkodi ... Petitioner -vs1. The Government of Tamil Nadu Rep by Home Secretary, Home Department, Secretariat, Chennai.

2. The Additional Director General (Prisons), No.1-A, Gandhi Irvin Road, CMDA Tower-II, Egmore, Chennai - 600 008.

3. The Superintendent, Central Prison, Coimbatore, Coimbatore District.

...Respondents

Prayer : Writ Petitions filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified mandamus, calling for the records of the 3rd respondent in No.5395/ Tha Ku.3/2012 dated 18.1.2013 and quash the same and direct the 3rd respondent to release the petitioner C.Ayyanaar (CT-74299) on Emergent Leave by Parole for one month to take her husband to hospital for surgery and for after surgery care and treatment.

* * * For Petitioner : No appearance For Respondents : Mr.V.Shanmuga Sundar, Special Government Pleader 1/3

O R D E R

The prayer in the Writ Petition is to call for the records of the third respondent, rejecting the request of the petitioner to release his husband by parole for three months based on the Prison Rules.

2.

Today, when the matter is called, there is no representation for the petitioner, either in person or through counsel.

3.

The learned Special Government Pleader has produced the copy of the communication dated 10.09.2020, which states that the husband of the petitioner (CT.No.74299) was prematurely released on 21.09.2018 itself, in commemoration of the birthday centenary of 'Bharat Ratna' Dr.M.G.Ramachandran, former Chief Minister of Tamil Nadu. Therefore, the writ petition has become infructuous.

4. Accoridngly, the Writ Petition is dismissed as infructuous.

No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar asr/srn To

1. The Home Secretary, Government of Tamil Nadu Home Department, Secretariat, Chennai.

2. The Additional Director General (Prisons), No.1-A, Gandhi Irvin Road, CMDA Tower-II, Egmore, Chennai - 600 008.

2/3

3. The Superintendent, Central Prison, Coimbatore, Coimbatore District W.P.No.2402 of 2013 & M.P.No.1 of 2013 aa23/10/2020 3/3