Lakshmi Leela, v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Lakshmi Leela W/o.Senthil .. Petitioner Vs.
The State represented by its 1.
The Secretary to Government of Tamil Nadu Department of Home Fort St.George Chennai-600 009.
2.
The Deputy Inspector General of Prison Vellore Range Vellore - 632 002.
3.
The Superintendent Cuddalore Central Prison Cuddalore - 607 004.
..Respondents Petition filed under Article 226 of the Constitution of India praying writ of mandamus to direct the respondents to grant ordinary leave for 3 months without escort to the detenu, Senthil, son of Subbiah, aged about 45 years, convict No.13677, detained at Central Prison, Cuddalore. Page Nos.1/6
For Petitioner :
Ms.K.Dheepakshi For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned writ petition has been filed by spouse of convict prisoner (Convict No.13677) now lodged in Cuddalore Central Prison, Cuddalore complaining that a 'representation dated 03.04.2023' [hereinafter 'said representation' for the sake of convenience and clarity] given by writ petitioner seeking 3 months leave for convict prisoner remains unattended. To put it differently, inaction qua said representation is the basis on which captioned writ petition with a mandamus prayer has been filed.
2. Issue notice.
3. Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for all three respondents and submits, on instructions, that said representation of writ petitioner was disposed of on 10.04.2023. Learned Prosecutor also submits that this '10.04.2023 proceedings of third respondent (proceedings bearing reference No.6178/tha.ku.2/2023)' [hereinafter 'said order' for the sake of convenience and clarity] has been Page Nos.2/6
dispatched to writ petitioner on 17.04.2023. Learned Prosecutor has placed before us said order together with dispatch seal and a scanned reproduction of the same is as follows:
Page Nos.3/6
4. We also notice that the captioned writ petition has been presented in this Court on 12.06.2023 complaining of inaction qua said representation. Now that the said representation has been considered and disposed of, we deem it appropriate to drop the curtains on the captioned writ petition albeit preserving all the rights and contentions of the petitioner and / or anyone concerned for convict prisoner to assail the said order in a manner known to law.
5. Captioned Writ Petition is disposed of as closed albeit preserving all the rights and contentions in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (R.S.V.,J.) 20.06.2023 Index : Yes Speaking / Non-speaking order mk Page Nos.4/6
To 1.
The Secretary to Government of Tamil Nadu Department of Home Fort St.George Chennai-600 009.
2.
The Deputy Inspector General of Prison Vellore Range Vellore - 632 002.
3.
The Superintendent Cuddalore Central Prison Cuddalore - 607 004.
4.
The Public Prosecutor High Court, Madras.
Page Nos.5/6
M.SUNDAR, J., and R.SAKTHIVEL, J., mk 20.06.2023 Page Nos.6/6