N. Bhuvaneswari v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2018

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE P.VELMURUGAN W.A.No.1361 of 2016 N.Bhuvaneswari ... Appellant/Petitioner Vs 1.The State of Tamil Nadu Rep. by its Secretary Home Department Fort St.George Chennai 600 009.

2.The Inspector General of Prisons CMDA Tower-II Egmore, Chennai 600 008.

3.The Superintendent of Police Central Prison, Vellore.

...Respondents/Respondents

Prayer:- Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside the order passed by this Court in W.P.No.26605 of 2016 dated 30.08.2016.

Prayer in WP.NO.26605/2016:

Writ Petition filed Under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus Calling for the records of the 3rd respondent in issuance of Letter dated 12.7.2016 in No.2330/ Tha.Ku.3/2016 and quash the same and thereby direct the respondents to grant Ordinary Leave under Section 20 (iv) of the Tamil Nadu Suspension of Sentence Rules 1982 for making arrangements participating and solemnising marriage of our(sic)the Petitioners daughter Ms.Narthika For Appellant : Ms.Preethi S.Arasu For Respondents: Mrs.A.Sri Jayanthi, SPL GP

JUDGMENT

(Judgment of the Court was delivered by K.K.SASIDHARAN, J.) The learned counsel for the appellant submitted that in order to enable her husband to participate in the marriage of her daughter Ms.Narthika, the appellant filed a writ petition https://hcservices.ecourts.gov.in/hcservices/

for granting ordinary leave to her husband, who is now confined at Central Prison, Salem. The writ petition was dismissed. The said order is under challenge in this writ appeal.

2. The learned counsel for the appellant submitted that for certain reasons, the marriage could not take place as planned and as such, nothing survives for adjudication in the present appeal. The learned counsel, therefore, made an endorsement indicating that she is withdrawing the appeal with liberty to initiate a fresh writ petition, in case the need arises. The intra court appeal is dismissed as withdrawn with such liberty. No costs.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar gms To 1.The Secretary,Home Department State of Tamil Nadu, Fort St.George Chennai 600 009.

2.The Inspector General of Prisons CMDA Tower-II,Egmore, Chennai 600 008.

3.The Superintendent of Police Central Prison, Vellore.

+ 1 cc to M/s.Vijayalakshmi Rajagopal, Advocate,SR.11922 + 1 cc to The Govt.Pleader, SR.12194 W.A.No.1361 of 2016 cnr(co) nr 14/03/2018 https://hcservices.ecourts.gov.in/hcservices/