Syed Ali Fathima v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Syed Ali Fathima :Petitioner .vs.
1.The Principal Secretary to Government, State of Tamilnadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
2.The Additional Director General of Prisons and Correction Services, Tamilnadu Prison and Correctional Services Department, Office of Additional Director General of Prisons, Whannels Road, Egmore, Chennai-600 008.
3.The Deputy Inspector General of Prisons, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai-625 016.
4.The Superintendent of Prison, Madurai Central Prison, Madurai District-625 016.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to grant 6 days emergency leave to petitioner's husband by name Syed Abuthahir S/o.Syed Ibrahim, aged 60 years confining at Madurai Central Prison as life convict for attending petitioner's younger son's marriage by name Syed Abuhaniba scheduled to be held on 09.04.2021 in pursuance of Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982 and to grant 1 month ordinary leave to petitioner's elder son by name Sahabudeen S/o.Syed Abuthahir, aged 36 years confining at Madurai Central Prison as life convict for make arrangements and to participate petitioner's younger son's marriage by name Syed Abuhaniba scheduled to be held on 09.04.2021 in pursuance of Rule 20(iv) of the Tamilnadu Suspension of Sentence Rules, 1982 or 6 days emergency leave by considering petitioner's representation submitted to the respondents dated 20.03.2021. in accordance with law within the time stipulated by this court.
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For Petitioner :Mr.R.Alagumani For Respondents :Mr.S.Chandrasekaran Additional Public Prosecutor
O R D E R
[Order of the Court was made by K.KALYANASUNDARAM.,J.] This writ petition has been filed for a grant of emergency leave to the petitioner's husband, namely, Syed Abuthahir and her son, namely, Sahabudeen, S/o.Syed Abuthahir, who have been confined in Central Prison, Madurai.
2. Heard Mr.R.Alagumani, learned counsel appearing for the petitioner and Mr.S.Chandrasekaran, learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record.
3. Today, when the matter is taken up for hearing, Mr.S.Chandrasekaran, learned Additional Public Prosecutor would state that the representation of the petitioner was considered and three days leave was granted from 08.04.2021 to 10.04.2021.
4. In the light of the above fact, we are of the opinion that the prayer sought for in this writ petition has become infructuous and hence, this petition is dismissed as infructuous. No costs. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 to Government, State of Tamilnadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
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2.The Additional Director General of Prisons and Correction Services, Tamilnadu Prison and Correctional Services Department, Office of Additional Director General of Prisons, Whannels Road, Egmore, Chennai-600 008.
3.The Deputy Inspector General of Prisons, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai-625 016.
4.The Superintendent of Prison, Madurai Central Prison, Madurai District-625 016.
08.04.2021 NA(CO) KK(27.05.2021) 3P 5C 3/3