Mathan v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2024 CORAM :

THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Mathan

...Petitioner

vs.

1. The Chief Secretary, Rep. by its Special Secretary, Office of the Chief Secretariat, Union Territory of Puducherry-605 001.

2. The Secretary, Office of the Lieutenant Governor, Union Territory of Puducherry-605 001.

3. The Secretary, Office of the Home Department, Union Territory of Puducherry-605 001.

4. The Inspector General of Prisons, Central Prison, Kalapet,

6. The Superintendent of Prison, Central Prison, Kalapet,

7. The Station House Officer, Mudaliarpet Police Station, Union Territory of Puducherry - 605 004.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 26.01.2023 vide No.154/JD/SJ/PMR/2022-2023 issued by the Fifth respondent and quash the same and further direct the fifth respondents to reconsider in this matter relating to the premature release and to release the petitioner/convict. For Petitioner ::

Mr.Akshat Gupta For Respondents ::

Mr.M.V.Ramachandramoorthy Additional Public Prosecutor (Puducherry)

ORDER

(Order of the Court was made by M.S.RAMESH,J.) This writ petition is filed for the following relief. "for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 26.01.2023 vide No.154/JD/SJ/PMR/2022-2023 issued by the Fifth respondent and quash the same and further direct the fifth respondents to reconsider in this matter relating to the premature release and to release the petitioner/convict"

2. Today, when the writ petition is taken up for hearing, the learned Additional Public Prosecutor submitted that the petitioner's request for premature release was rejected by the respondents vide order dated 19.01.2024.

3. In view of the above, Mr.Akshat Gupta, learned counsel for the petitioner, who appeared through video-conferencing, seeks permission to withdraw the writ petition, with liberty to challenge the rejection order dated 19.01.2024.

4. Accordingly, the Writ Petition is dismissed as withdrawn, with liberty to the petitioner to challenge the rejection order dated 19.01.2014. (M.S.R.,J.) (S.M.,J.) 02.02.2024 ars Index : Yes / No

M.S.RAMESH,J.

AND SUNDER MOHAN,J.

ars To

1. The Special Secretary, Office of the Chief Secretariat, Union Territory of Puducherry-605 001.

2. The Secretary, Office of the Lieutenant Governor, Union Territory of Puducherry-605 001.

3. The Secretary, Office of the Home Department, Union Territory of Puducherry-605 001.

4. The Inspector General of Prisons, Central Prison, Kalapet,

6. The Superintendent of Prison, Central Prison, Kalapet,

7. The Station House Officer, Mudaliarpet Police Station, Union Territory of Puducherry - 605 004

8. The Public Prosecutor, Puducherry.

02.02.2024