M.Rahamath Nisha v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR M.Rahamath Nisha D/o.Mohammed Yusuf ..
Petitioner Vs.
The State represented by its 1.
The Deputy Inspector General of Prison Salem Central Prison Salem - 638 008.
2.
The Superintendent Central Prison Salem-638 008.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the respondents to grant ordinary leave for 40 days without escort for the detenu Thajudeen @ Mohammed Hussain, son of Mohammed Yusuf, aged about 34 years, convict No.7211 confined at Central Prison, Salem. Page Nos.1/6
For Petitioner :
Dr.S.Manoharan 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.,] Captioned writ petition has been filed with a mandamus prayer. To be noted, writ petitioner has given a 'representation dated 25.03.2023' [hereinafter 'said representation' for the sake of convenience and clarity] seeking 40 days ordinary leave without escort to her brother one Mr.Thajudeen @ Mohammed Hussain, son of Mr.Mohammed Yusuf, who is a life convict now lodged in Central Prison, Salem.
2. To be noted, a scanned reproduction of the said representation as placed before us at Page No.11 of the typed set of papers is as follows: Page Nos.2/6
Page Nos.3/6
3. Issue notice.
4. Mr.R.Muniyapparaj, learned State Additional Public Prosecutor, assisted by Mr.M.Sylvester John, learned counsel, who accepts notice for the respondents submits on instructions that said representation is under active consideration of the respondents and a call will be taken on the same as expeditiously as the official business of the respondents would permit but in any event within four weeks from today i.e., by 18.05.2023. Captioned Writ Petition is disposed of recording this submission as stated position of the respondents.
5. Though captioned writ petition is disposed of, let the Registry to list the captioned writ petition under the cause list caption 'FOR REPORTING COMPLIANCE' on 01.06.2023.
(M.S.,J.) (M.N.K.,J.) 20.04.2023 Index : Yes Speaking mk Page Nos.4/6
To 1.
The Deputy Inspector General of Prison Salem Central Prison Salem - 638 008.
2.
The Superintendent Central Prison Salem-638 008.
3.
The Public Prosecutor High Court, Madras.
Page Nos.5/6
M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk 20.04.2023 Page Nos.6/6