B.V.Jeevan Kumar v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2023 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.P.No.11786 of 2023 and W.P.No.11236 of 2023 B.V.Jeevan Kumar .. Petitioner vs 1.The Secretary to Government, Home Department (Prison), Secretariat, St.George Fort, Chennai - 9.

2.The Director General of Prison, No.2, Whannels Road, Egmore, Chennai - 8.

3.The Deputy Inspector General of Prison (Chennai Range) Camp Office, Central Prison Campus, Puzhal, Chennai 66.

4.The Superintendent of Prison, Puzhal I Central Prison, Chennai - 66.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the records in pertaining with the impugned order in No.7387/Tha Ku2/2022 dated 18.08.2022 passed by the fourth respondent and 1/5

quash the same and consequently direct the respondents to grant 15 days leave without escort to the petitioner namely Mr.B.V.Jeevan Kumar, S/o.late B.Venkateswarlu (CT.No.7387) who is confining in 4th respondent.

For Petitioner :

Mr.K.Nizamudin for Mr.M.Mohamed Saifulla For Respondents :

Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

[Order of the Court was made by M.SUNDAR, J.] This order will now dispose of captioned writ petition W.P.No.11786 of 2023. To be noted, captioned W.P.No.11236 of 2023 is listed under the cause list caption 'FOR REPORTING COMPLIANCE' and compliance is being reported by both sides. This Bench is informed that the prison transfer sought for has been acceded to vide proceedings in No.8416/Tha.Ku.1/2023 dated 28.06.2023 is placed before us. A scanned reproduction of the same is as follows:

2/5

3/5

2.

In the light of the narrative thus far, Mr.K.Nizamudin, learned counsel for petitioner submits that W.P.No.11786 of 2023 has become infructuous. Therefore, W.P. No.11786 of 2023 is disposed of as closed having become infructuous. 3.

As regards W.P.No.11236 of 2023, as the same has already been disposed of on 27.04.2023 and it has been listed under the cause list caption 'FOR REPORTING COMPLIANCE', Registry need not list W.P.No.11236 of 2023 any further. (M.S.,J.) (R.S.V.,J.) 30.06.2023 Index : Yes/No mmi To 1.The Secretary to Government, Home Department (Prison), Secretariat, St.George Fort, Chennai - 9.

2.The Director General of Prison, No.2, Whannels Road, Egmore, Chennai - 8.

3.The Deputy Inspector General of Prison (Chennai Range) Camp Office, Central Prison Campus, Puzhal, Chennai 66.

4.The Superintendent of Prison, Puzhal I Central Prison, Chennai - 66.

5.The Public Prosecutor, High Court, Madras.

4/5

M.SUNDAR, J., and R.SAKTHIVEL , J., mmi W.P.No.11786 of 2023 30.06.2023 5/5