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Madras High CourtWP/5461/2021disposed of

S.Ilamparuthi v. The State Rep. By Its,

2021-04-27Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.5461 of 2021 S.Ilamparuthi ... Petitioner/Convict

Versus

1.The State represented by its, Home Secretary (Prison), Home Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Prison and Inspector General of Prison, Whannels Road, Egmore, Chennai - 008.

3.The Deputy Inspector General of Prisons (Chennai Range), Office of the DIG (Range), Whannels Road, Egmore, Chennai - 008.

4.The Superintendent of Prison, Puzhal Central Prison - I, Puzhal - 600 066.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to grant one month leave without escort to the convict namely Mr.S.Ilamparuthi S/o.Late.Selvaraj (C.T.No.6923) now confined in Central Prison at Puzhal-I. For Petitioner :

Mr.M.Mohamed Saifulla For Respondents:

Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

The petitioner / accused CC.No.13 of 2015 has filed this petition seeking for a direction to the Jail Authorities to grant him one month leave without escort.

2. The learned Additional Public Prosecutor submits that the petitioner is eligible for one month leave once in two years and the petitioner had availed the same from 12.10.2020 to 10.11.2020. He further submits that the petitioner is eligible for emergency leave as follows, 6 days + 3 days + 3 days + 3days. Already the petitioner had availed 6 days emergency leave from 05.03.2021 to 10.03.2021. Now he can avail leave only as follows, 3 days + 3 days + 3days. Further, he submits that emergency leave can be granted only https://hcservices.ecourts.gov.in/hcservices/

on certain contingencies. The petition representation dated 11.02.2021 had been duly considered and rejected by the fourth respondent in 6923/2020 dated 23.03.2021.

3. In view of the same, nothing survives for further adjudication in this petition. The learned counsel for the petitioner submits that the petitioner has not yet received the copy of the rejection order. Hence, a copy of the rejection order may be sent to the petitioner. Accordingly, this petition is dismissed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mbi To 1.Home Secretary (Prison), Home Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Prison and Inspector General of Prison, Whannels Road, Egmore, Chennai - 008.

3.The Deputy Inspector General of Prisons (Chennai Range), Office of the DIG (Range), Whannels Road, Egmore, Chennai - 008.

4.The Superintendent of Prison, Puzhal Central Prison - I, Puzhal - 600 066.

W.P.No.5461 of 2021 A.SK(01.07.2021) https://hcservices.ecourts.gov.in/hcservices/