Shakila v. The State Repby

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE DR.JUSTICE D.NAGARJUN Shakila W/o.Manoharan .. Petitioner Vs.

The State represented by its 1.

The Secretary to Government of Tamil Nadu Department of Home Fort St.George Chennai-600 009.

2.

The Deputy Inspector General of Prison Central Prison Salem - 636 007.

3.

The Superintendent Central Prison Salem - 636 007.

..Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the respondents to grant leave Page Nos.1/4

for 40 days without escort to the detenu R.Manoharan, son of Rajalingam aged about 53 years, life convict prisoner, bearing Convict No.8610, detained at Central Prison, Salem.

For Petitioner :

Ms.K.Akshaya For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Ms.K.Akshaya, learned counsel on record for petitioner sought leave of this Court to withdraw the captioned writ petition and learned counsel has made an endorsement in the case file, a scanned reproduction of the same is as follows:

Page Nos.2/4

2. Learned counsel reiterates the aforementioned endorsement in the hearing. Learned counsel also made a request that all the rights and contentions of the convict prisoner bearing Convict No.8610, now detained in Central Prison, Salem, petitioner or anyone concerned for convict prisoner may please be preserved as regards seeking leave. Owing to the facts, circumstances of the case on hand and the trajectory the matter has taken, this request is acceded to making it clear that if leave is sought, the same will be considered on its own merits and in accordance with law by the respondents.

3. Captioned Writ Petition disposed of as withdrawn / closed with the aforementioned observations. There shall be no order as to costs. (M.S.,J.) (D.N.R.,J.) 06.04.2023 Index : Yes / No Speaking / Non-speaking mk Page Nos.3/4

M.SUNDAR, J., and Dr.D.NAGARJUN, J., mk To 1.

The Secretary to Government of Tamil Nadu Department of Home Fort St.George, Chennai-600 009.

2.

The Deputy Inspector General of Prison Central Prison, Salem - 636 007.

3.

The Superintendent Central Prison, Salem - 636 007.

4.

The Public Prosecutor High Court, Madras.

06.04.2023 Page Nos.4/4