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Madras High CourtWP(MD)/2360/2024dismissed

Rukumani v. The Deputy Inspector General Of Prison

2024-02-06Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2360 of 2024 Rukumani ... Petitioner -Vs1.The Deputy Inspector General of Prison, Madurai Zone.

2.The Superintendent of Central Prison, Palayamkottai, Tirunelveli District.

3.The Inspector of Police, Thattaparai Police Station, Thoothukudi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 2nd respondent in No.504/Taku.2/2023, dated 10.01.2024 by rejecting the plea of ordinary leave and quash the same and consequently, to direct the 1st respondent herein to grant ordinary leave of 9 days to the petitioner's husband, namely, Seeni Selvaraj (CT No.5085) now, confined in Central Prison, Palayamkottai.

For Petitioner : Mr.S.Ramasamy For Respondents : Mr.RMS.Sethuraman, Additional Public Prosecutor

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] Challenging the order of the 2nd respondent dated 10.01.2024, rejecting the request of the petitioner to grant ordinary leave to her husband, namely, Seeni Selvaraj (CT No.5085) now, confined in Central Prison, Palayamkottai, the petitioner has filed this Writ Petition with a consequential direction to the 1st respondent to grant 9 days ordinary leave to the petitioner's husband. 2.Today, when the matter is taken up for hearing at the admission stage, the learned Additional Public Prosecutor for the respondents has submitted that the said request of the petitioner having been considered was rejected by the 1st respondent vide letter dated 05.02.2024 and the same was also communicated to the petitioner.

3.A copy of such letter has also been produced before this Court. In view of the said letter of the 1st respondent dated 05.02.2024, where the plea of

the petitioner having been considered was rejected, it is open to the petitioner to workout her remedy as against the said letter. As far as the prayer sought for herein is concerned, it has become infructuous. Therefore, this Writ Petition stands dismissed.

[D.K.K., J.] & [R.V., J.] 06.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The Deputy Inspector General of Prison, Madurai Zone.

2.The Superintendent of Central Prison, Palayamkottai, Tirunelveli District.

3.The Inspector of Police, Thattaparai Police Station, Thoothukudi District.

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

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.2360 of 2024 06.02.2024