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Madras High CourtWP/12612/2021closed

Chitra v. The State Of Tamil Nadu

2021-06-18Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.12612 of 2021 Chitra, W/o.Siva @ Pattaravakkam Siva ...

Petitioner versus 1.The State of Tamilnadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The District Collector and District Magistrate, Chengelpattu District, Chengelpattu.

3.The Director General of Prison and The Inspector General of Prison, Whannels Road, Egmore, Chennai - 600 008.

4.The Superintendent of Police, Chengelput District, Chengelput.

5.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 66.

6.The Inspector of Police, D-1 Chengelput Police Station, Chengelput District.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to grant emergency leave for a period of 4 days from 18.06.2021 to 21.06.2021 to the petitioner's husband Siva @ Pattaravakkam Siva, son of Santhiyappan, Male, aged about 41 years, detained under Act 14/82 as a "Goonda" vide detention order dated 07.02.2021 on the file of the second respondent herein, made in BCDFGISSSV No.05/2021, presently lodged in Central Prison, Puzhal-I, at Chennai, the detenu herein.

For Petitioner : Mr.M.Rajavelu For Respondents : Mr.R.Muniyapparaj Government Advocate [Crl. Side]

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the respondents to grant emergency leave for a period of 4 days from 18.06.2021 to 21.06.2021 to the petitioner's husband viz. Siva @ Pattaravakkam Siva, who is detained in Central Prison, Puzhal-I, Chennai.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate [Crl. Side] appearing for the respondents.

3. Today, when the matter was taken up for hearing, the learned Government Advocate [Crl. Side], on instructions, submitted that, the representation dated 07.02.2021, that was given by the petitioner for grant of leave to the convict prisoner viz. Siva @ Pattaravakkam Siva, was considered by the authorities and the same has been rejected, by order dated 14.06.2021, a copy of which has been served to the petitioner as well to the convict prisoner in prison. However, the learned Government Advocate [Crl. Side] submitted that he will serve a copy on the learned counsel for the petitioner also.

4. Recording the same, this Writ Petition is closed, with a liberty to the petitioner to work out her remedy in the manner known to law. No costs.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar Sri To 1.The State of Tamilnadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The District Collector and District Magistrate, Chengelpattu District, Chengelpattu.

3.The Director General of Prison and The Inspector General of Prison, Whannels Road, Egmore, Chennai - 600 008.

4.The Superintendent of Police, Chengelput District, Chengelput.

5.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 66.

6.The Inspector of Police, D-1 Chengelput Police Station, Chengelput District.

7.The Public Prosecutor, High Court, Madras.

W.P.No.12612 of 2021 RLD(CO) GN(20/07/2021)