← Library
Madras High CourtWP(MD)/1736/2024dismissed

Edwin Durairaj v. The State Represented By Its,

2024-01-31Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1736 of 2024 Edwin Durairaj ... Petitioner -Vs1.The State represented by its Secretary to Government of Tamil Nadu, Home Department, Fort St.George, Chennai-600 009.

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

3.The Superintendent, Palayamkottai Central Prison, Tirunelveli-627 007.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to grant ordinary leave of 30 days

without escort to the detenue, Jeyapaul S/o.Sudalaimani, aged about 49 years, Convict No.504, confined at Central Prison, Palayamkottai. For Petitioner : Mr.S.Manoharan For Respondents : Mr.S.Ravi Additional Public Prosecutor

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition to direct the respondents to grant ordinary leave of 30 days without escort to the detenue, Jeyapaul S/o.Sudalaimani, aged about 49 years, confined at Central Prison, Palayamkottai. 2.When the writ petition is taken up for hearing, Mr.S.Ravi, learned Additional Public Prosecutor, who takes notice for the respondents, submits that the claim made by the petitioner through a representation dated 16.11.2023, was rejected by the second respondent vide proceedings dated 19.01.2024. He has also produced a copy of the said proceedings. 3.In view of the above submission, the prayer sought for by the petitioner has become infructuous. Accordingly, this writ petition is dismissed.

It is well open to the petitioner to challenge the rejection proceedings issued by the second respondent, if he is aggrieved. No costs. [D.K.K., J.] & [R.V., J.] 31.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ta To 1.The Secretary to Government of Tamil Nadu, Home Department, Fort St.George, Chennai-600 009.

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

3.The Superintendent, Palayamkottai Central Prison, Tirunelveli-627 007.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

ta W.P.(MD)No.1736 of 2024 31.01.2024