S.Sengodi v. State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2017

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.Nos.2955 and 2987 of 2013 and Writ Appeal No.1285 of 2011 and M.P.No.1 of 2011 H.C.P.Nos.2955 and 2987 of 2013 :

S.Sengodi .. Petitioner in both H.C.Ps.

Vs.

1.State of Tamil Nadu, represented by the Secretary to Government, Home Department, Secretariat, Chennai-600 009.

2.The Additional Director General of Police and Inspector General of Prisons, Gandhi Irwin Road, 3.The Superintendent of Prison, Central Prison, Trichy-20.

.. Respondents in both H.C.Ps.

W.A.No.1285 of 2011 :

1.State of Tamil Nadu, represented by the Secretary to Government, Home (Prison IV) Department, Secretariat, Chennai-600 009.

2.The Additional Director General of Prisons, .. Appellant Vs.

Thenthamizhan alias Kathiravan alias Dakshinamoorthi .. Respondent H.C.P.No.2955 of 2013 :

Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, directing the respondents to provide proper medical treatment to the petitioner's father, namely, Thenthamizhan @ Kathiravan, son of Karuppaiya, aged 65 years, convict prisoner, now confined in the Central Prison, Trichy.

H.C.P.No.2987 of 2013 :

Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, directing the first respondent to release immediately the petitioner's father, namely Thenthamizhan @ Kathiravan, son of Karuppaiya, aged 65 years, convict prisoner, who is dangerously ill and now undergoing treatment in the Government Hospital, Trichy.

W.A.No.1285 of 2011 : Writ appeal is preferred under Clause 15 of the Letters Patent, against the order of this Court, dated 24.11.2009, made in W.P.No.20511 of 2008.

Prayer in Wp No.20511/2008: This Petition is preferred under Article 226 of the Constitution of India prefered for the issuence of a Writ of Mandamus directing the respondents to that the petitioner as having become eligible for premature release under G.O. (Ms) No.873 Home (Prison IV) Department dated 14.9.2006 and G.O. (Ms) No.1326 Home (Prison IV) Department dated 12.9.2007 and to release the petitioner forthwith. For Petitioner : Mr.P.Pugalenthi in H.C.P.Nos.2955 and 2987 of 2013 For Appellant : Mr.V.M.R.Rajentran, APP For Respondents : Mr.V.M.R.Rajentran, APP in H.C.P.Nos.2955 and 2987 of 2013 Mr.P.Pugalenthi in W.A.No.1285 of 2011 COMMON ORDER [Order of the Court was made by M.JAICHANDREN,J] Heard the learned counsel appearing on behalf of the

petitioner, in both Habeas Corpus Petition, as well as the learned Additional Public Prosecutor appearing on behalf of the respondents in the Habeas Corpus Petition and on behalf of the appellants in the Writ Appeal.

At this stage of the hearing of the Habeas Corpus Petition and the Writ Appeal, the learned counsel appearing on behalf of the petitioner, in the Habeas Corpus Petition, has stated that the detenu, namely Thenthamizhan @ Kathiravan, son of Karuppaiya, had passed away, on 18.1.2017. In view of the submission made by the learned counsel appearing on behalf of the petitioner, in the Habeas Corpus Petition, we are of the view that no further orders are necessary in the Habeas Corpus Petitions, as well as in the Writ Appeal. Hence, both the Habeas Corpus Petitions and the Writ appeal are dismissed, as infructuous. Consequently, connected miscellaneous petition is closed.

sd/ Assistant Registrar /true copy/ Sub Assistant Registrar To 1.The Secretary to Government, State of Tamil Nadu, Home Prison IV Department, Secretariat, Chennai-600 009.

2.The Additional Director General of Police and Inspector General of Prisons, Gandhi Irwin Road, 3.The Superintendent of Prison, Central Prison, Trichy-20.

4.The Public Prosecutor, High Court, Madras.

H.C.P.Nos.2955 and 2987 of and Writ Appeal No.1285 of 2011 NRI(CO) GN(06/03/2017)