Mr.Somasundram v. Ranganathan

P.N.PRAKASH, J.

and RMT. TEEKAA RAMAN, J.

[Made by P.N.PRAKASH, J.] The detenu in this case is one D.Balasubramaniam, who is a convict prisoner [C.T.No.11286] and whose conviction and sentence have also been confirmed by the High Court as well by the Supreme Court. Since he was diagnosed with cancer, he was released on leave by the orders of this Court in H.C.P.No.214 of 2020 dated 20.02.2020 and W.M.P.No.1279 of 2021 in W.P.No.19604 of 2020 dated 19.01.2021, pursuant to which, he is now outside the prison and is taking treatment for his ailments. It is seen that the leave is being extended from time to time by this Court. The last of the extension was on 12.09.2022 upto 13.10.2022. Medical report dated 22.09.2022 submitted by the Medical Board shows that the convict prisoner is suffering from prostate cancer-stage IV and the same is likely to move to the next stage.

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2. In the mean while, one Somasundaram and Gopalsamy have filed two petitions in W.M.P.Nos.13800 and 23432 of 2022 respectively for impleading themselves as respondents in W.P.No.19604 of 2020 in order to oppose the extension of leave on the ground that the convict prisoner is not reporting before the police in compliance with the conditions imposed by this Court as well he is harrasing them by initiating various litigations.

3. We called for a report from the Inspector of Police, E2 Peelamedu Police Station [L&O], Coimbatore City and the report shows that there is a long-standing dispute in respect of a property, over which, Somasundaram and Gopalsamy are claiming ownership.

4. In our opinion, leave is purely a matter between this Court and the State. On the grounds urged by Somasundaram and Gopalsamy, they cannot be impleaded as respondents in W.P.No.19604 of 2020. 2/4

Accordingly, W.M.P.Nos.13800 and 23432 of 2022 stand dismissed. [PNP, J.] [TKR, J.] 13.10.2022 (1/2) Index: Yes/No gm 3/4

P.N.PRAKASH, J.

and RMT. TEEKAA RAMAN, J.

gm in W.P.No.19604 of 2020 13.10.2022 (1/2) 4/4