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Madras High CourtWP/21288/2023closed

V. Muniyappan v. The State By

2023-10-16Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2023

CORAM

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN V.Muniyappan ..

Petitioner Vs 1.The State by :

The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

2.The Deputy Inspector General of Prisons, Vellore Range, Vellore -2.

3.The Superintendent of Prison, Central Prison, Vellore 632002.

..

Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to

grant 30 days ordinary leave enabling the petitioner's son Sivakumar S/o Muniyappan aged 43 years, Convict Prisoner, Central Prison, Vellore. For Petitioner :

Ms.S.Nadhiya For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

[Order of the Court was made by S.S.SUNDAR,J.] (1)This writ petition is filed for issuance of a Writ of Mandamus, directing the respondents to grant 30 days ordinary leave to the petitioner's son Sivakumar S/o Muniyappan aged 43 years, who is a Convict Prisoner in Central Prison, Vellore.

(2) The learned Additional Public Prosecutor produced before this Court an order dated 19.04.2023, which was communicated to the petitioner, rejecting the representation of the petitioner for grant of ordinary leave to his son.

(3) For the reasons stated in the order dated 19.04.2023 rejecting the

representation of the petitioner, this Court is not inclined to issue a Writ of Mandamus.

(4) Therefore, this Writ Petition is closed with liberty to the petitioner to challenge the order dated 19.04.2023 communicated to the petitioner rejecting his request for grant of leave.

[SSSRJ] [SMJ] 16.10.2023 pvs Internet : Yes To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

2.The Deputy Inspector General of Prisons, Vellore Range, Vellore -2.

3.The Superintendent of Prison, Central Prison, Vellore 632002.

4. The Public Prosecutor High Court, Madras.

S.S.SUNDAR,J.

AND SUNDER MOHAN,J.

pvs 16.10.2023