The Home Secretary (Prison Iv) v. A.Palanisamy @ Palaniappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2020 CORAM :

The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY 1.The Home Secretary (Prison IV), Home Department, Secretariat, Chennai 600 009.

2.The Additional Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai 600 008.

3.The Superintendent of Prison, Salem Central Prison, Hasthampatty, Salem District 636 007.

.. Petitioners in both CMPs.

-vsA.Palanisamy @ Palaniappan .. Respondent in both CMPs.

CMP.8831 of 2020 filed under Section 151 CPC to dispense with the production of original copy of the order dated 04.05.2020 passed

in W.P.No.7559 of 2020 and CMP.No.9080 of 2020 filed under Section 5 of the Limitation Act to condone the delay of 43 days in filing the appeal under Clause 15 of the Letters Patent against the order dated 04.05.2020 passed in W.P.No.7559 of 2020 on the file of this Court. For Petitioners : Mr.Emalias Additional Advocate General, assisted by Mr.K.Prabakar, Addl.P.P.

ORDER

(Passed by The Hon'ble Chief Justice) Having considered the submissions raised and in view of the nature of the controversy as well, we find the cause shown for the delay to be sufficient. We are also satisfied with the reasons stated in the affidavit filed in support of the petitioner seeking dispensation of production of original copy of the impugned order. We, accordingly, allow both the petitions.

The appeal shall be treated to be within time and be given the regular number.

(A.P.S., CJ.) (S.K.R., J.) 31.08.2020 sra

The Hon'ble Chief Justice and Senthilkumar Ramamoorthy, J.

(sra) 31.08.2020