Mageshwari.P v. State Of Tamil Nadu Rep By

W.P(MD)No.5362 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD)No.5362 of 2021 P.Mageshwari :Petitioner .vs.

1.State of Tamilnadu Rep. by The Principal Secretary, Home (Prison) Department, Fort St. George, Secretariat, Chennai-600 009.

2.The Superintendent of Prison, Madurai Central Prison, Madurai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant 7 days emergency leave to the petitioner's husband namely Palani @ Palanichamy son of Magamuni, aged about 31 years now confining at Madurai Central Prison to attend and assist his deceased mother's funeral Ceremony under Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982.

For Petitioner :Mr.R.Prakash For Respondents :Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

********* [Order of the Court was made by K.KALYANASUNDARAM.,J.] The prayer in the writ petition is to issue a Writ of Mandamus directing the respondents to grant 7 days emergency leave to the petitioner's husband namely, Palani @ Palanichamy son of Magamuni, aged about 31 years now confining at Madurai Central Prison under Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982.

2. Mr.R.Prakash, learned counsel appearing for the petitioner would state that the convict's mother died on 07.03.2021 and therefore, a representation was given to the respondents to grant parole to attend the funeral as well as performing last rites. It is further added that after filing of the writ petition, the authorities themselves have granted parole for one day and he https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.5362 of 2021 performed the formalities hence, the prayer sought for in this writ petition has become infructuous.

3. Recording the submission of the learned counsel for the petitioner, this writ petition is dismissed as having become infructuous. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) am Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Principal Secretary, Home (Prison) Department, Fort St. George, Secretariat, Chennai-600 009.

2.The Superintendent of Prison, Madurai Central Prison, Madurai District.

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

ORDER MADE IN W.P(MD)No.5362 of 2021 10.03.2021 VB (18.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2