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Madras High CourtWP/13882/2022withdrawn dismissed

S.Nalini v. The Deputy Inspector General Of Prisons

2022-06-06Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:06.06.2022 Coram The Honourable Mr. Justice S.VAIDYANATHAN and The Honourable Mr. Justice A.D.JAGADISH CHANDIRA W.P.No.13882 of 2022 S.Nalini ..Petitioner ..Vs..

1. The Deputy Inspector General of Prisions, Vellore Range, Vellore-2.

2. The Superintendent of Prison Central Prison, Vellore 632 002.

..Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to consider the representation dated 26.05.2022 made by the Petitioner and to grant six days emergency leave to the Petitioner's husband Mr.Sriharan @ Murugan, Son of Thiru. Vetrivel, Ct.No.12840 now confined in the Central Prison, Vellore.

For Petitioner : M/s.S.Nadhiya For Respondents : Mr.Babu Muthu Meeran AdditionalPublic Prosecutor

ORDER

S.VAIDYANATHAN,J.

and A.D.JAGADISH CHANDIRA,J.

Today when the matter is taken up for hearing, the learned Additional Public Prosecutor produced an order dated 28.05.2022 passed by the Superintendent, Central Prison, Vellore, rejecting the request of the Petitioner.

https://hcservices.ecourts.gov.in/hcservices/

2. The Superintendent has passed the aforesaid order in terms of Rule 12 of Tamil Nadu Suspension of Sentence Rules, 1982. Since there is an Appellate remedy as against the said order, the learned counsel appearing for the Petitioner has sought permission of this Court to withdraw this Writ Petition with liberty to file an Appeal before the appropriate authority. He has also made an endorsement to that effect.

3. In view of the submission made by the learned counsel appearing for the Petitioner and also in view of the endorsement made, this Writ Petition is dismissed as withdrawn with liberty as prayed for. No costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar arr To

1. The Deputy Inspector General of Prisions, Vellore Range, Vellore-2.

2. The Superintendent of Prison Central Prison, Vellore 632 002.

3. The Public Prosecutor, High Court, Madras.

W.P.No.13882 of 2022 SR (CO) PR (16/06/2022) https://hcservices.ecourts.gov.in/hcservices/