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Madras High CourtWP/35037/2023withdrawn dismissed

N.Malathy v. The Secretary

2024-09-10Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM N.Malathy ... Petitioner Vs.

1.

The Secretary, Home (Prison IV) Department, State of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.

The Additional Director General of Police, No. 91, Whannels Road, Ansari Estate, Egmore, Chennai - 600 008.

3.

The Jail Superintendent, Central Prison II, Puzhal II Chennai - 600 006.

4.

The Deputy Director, Directorate of Enforcement, Government of India, B-Wing, 3rd Floor Block, Shastri Bhavan, Chennai - 06.

(R4 impleaded vide order dated 07.02.2024 made in W.M.P.No. 2797 of 2024 in W.P.No. 35037 of 2023) .....Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records of the third respondent culminating in the impugned order dated 10.11.2023 reference No. 1011/Tha.Ku 1/2023 and to quash the same and to transfer the judicial custody of the Accused No. 2, Shri N.Uma Shankar @ N.M.Umasangarr, (Aged 49/23), S/o. D.Nithyanandam, and Accused No. 3 son Shri N.Arun Kumar @ N.Arun, (Aged 48/23), S/o. D.Nithyanandam, in Spl.CC.No. 6 of 2021 from Central Puzhal No. II, Puzhal II at Chennai to Madurai Central Prison respectively for a period of 6 months. For Petitioner : Mr.S.Sivaraman For R1 to R3 : Mr.E.Raj Thilak Additional Public Prosecutor For R4 : Mr. Rajnish Pathyil Special Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) Mr.S.Sivaraman, the learned Counsel for the petitioner would submit on instructions he may be permitted to withdraw the writ petition and he has also made an endorsement to that effect in the case bundle.

2.

Accordingly, the Writ Petition stands dismissed as withdrawn. No costs.

[S.M.S., J.] [V.S.G., J.] 10.09.2024 Index: Yes/No Speaking/Non-speaking order veda To 1.

The Secretary, Home (Prison IV) Department, State of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.

The Additional Director General of Police, No. 91, Whannels Road, Ansari Estate, Egmore, Chennai - 600 008.

3.

The Jail Superintendent, Central Prison II, Puzhal II Chennai - 600 006.

4.

The Deputy Director, Directorate of Enforcement, Government of India, B-Wing, 3rd Floor Block, Shastri Bhavan, Chennai - 06.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

veda 10.09.2024