V.Suseela v. The State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and W.M.P.No.12731 of 2023 V.Suseela W/o.Venkatesan ..
Petitioner Vs.
The State represented by its 1.
The Secretary to Government of Tamil Nadu Home Department Chennai-600 009.
2.
The Deputy Inspector General of Prison Vellore range Vellore - 632 002.
3.
The Superintendent Cuddalore Central Prison Cuddalore - 607 003.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order bearing No.4136/Tha.Ku.2/2023 Page Nos.1/5
dated 09.03.2023, passed by the 3rd respondent and quash the same and consequently, direct the respondents to grant ordinary leave for 21 days without escort to the detenu Venkatesan, son of Govinda Padayachi, aged about 58 years life convict No.17001 confined at Central Prison, Cuddalore. 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.,] After some arguments, Dr.S.Manoharan, learned counsel on record for petitioner sought leave to withdraw the captioned writ petition, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:
Page Nos.2/5
2. Learned counsel has made a fervent plea to preserve all the rights and contentions of the petitioner to apply for leave again if the convict prisoner completes three years of sentence and learned counsel has made a further plea to preserve rights of the petitioner to apply for emergency leave. Request acceded to.
3. Mr.R.Muniyapparaj, learned State Additional Public Prosecutor, assisted by Mr.M.Sylvester John, learned counsel for all respondents submits that if an application for six days emergency leave is given, the same will be considered on its own merits and in accordance with law. If the convict prisoner or anyone concerned for convict prisoner chooses to give such an application seeking six days emergency leave, the same shall be considered on its own merits and in accordance with law as expeditiously as the business of the respondents would permit. 4 Captioned Writ Petition is disposed of as closed albeit preserving all the rights of the petitioner / convict prisoner in the aforesaid manner with Page Nos.3/5
the aforesaid observations. Connected miscellaneous petition is closed. There shall be no order as to costs.
(M.S.,J.) (M.N.K.,J.) 27.04.2023 (2/2) Index : Yes Speaking mk To 1.
The Secretary to Government of Tamil Nadu Home Department Chennai-600 009.
2.
The Deputy Inspector General of Prison Vellore range Vellore - 632 002.
3.
The Superintendent Cuddalore Central Prison Cuddalore - 607 003.
4.
The Public Prosecutor High Court, Madras.
Page Nos.4/5
M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk and W.M.P.No.12731 of 2023 27.04.2023 (2/2) Page Nos.5/5