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Madras High CourtWP(MD)/321/2024disposed of

Thangalakshmi v. The State Represented By Its

2024-01-09Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2024

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Thangalakshmi : Petitioner Vs.

1.The State represented by, The Deputy Inspector General of Prison, Madurai Range, Central Prison, Madurai - 625 001.

2.The Superintendent, Palayamkottai Prison, Palayamkottai - 627 007.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to grant leave for 40 days without escort to the detenue, Govindarajan, S/o.Narayana Nadar, aged about 38 years, convict No.4435, confined at Central Prison, Palayamkottai. 1/5

For Petitioner : Mr.S.Manoharan For Respondents : Mr.S.Ravi, Additional Public Prosecutor

O R D E R

************ [Order of the Court was made by J.NISHA BANU, J.] This Writ Petition has been filed praying for a Writ of Mandamus to direct the respondents to grant leave for 40 days without escort to the detenue, Govindarajan, S/o.Narayana Nadar, aged about 38 years, convict No.4435, confined at Central Prison, Palayamkottai.

2.When the matter is taken up for hearing today, the learned Additional Public Prosecutor on instructions, would submit that the representation of the petitioner is rejected by the first respondent.

3.The learned Counsel for the petitioner would submit that the petitioner's husband is eligible for emergency leave and he seeks liberty to apply for emergency leave.

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4.In view of above, this writ petition is dismissed, with liberty to the petitioner to apply for emergency leave for her husband and the respondents shall consider the same and pass approapriate orders on merits and in accordance with law. There shall be no order as to costs.

[J.N.B.,J.] & [K.K.R.K.,J.] 09.01.2024 Index : Yes/No Internet : Yes/No MR 3/5

To The Deputy Inspector General of Prison, Madurai Range, Central Prison, Madurai - 625 001.

2.The Superintendent, Palayamkottai Prison, Palayamkottai - 627 007.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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J.NISHA BANU, J.

and K.K.RAMAKRISHNAN, J.

MR ORDER MADE IN 09.01.2024 5/5