Madras High CourtWP(MD)/7133/2023dismissed as infructuous

Mydeen Beevi v. The Additional Chief Secretary To Governemtn

2024-02-07Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR MydeenBeevi ... Petitioner -vs1.The Additional Chief Secretary to Government, O/o. the Additional Chief Secretary to Government, Home (Prison IV) Department, Secretariat, St.George Fort, Chennai.

2.The Additional Director General of Prison, O/o. the Additional Director General of Prison, Whannels Road, Egmore, Chennai.

3.The Superintendent of Central Prison, Central Prison, Palayamkottai, Tirunelveli.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records of Impugned G.O. (D) No. 25 dated on 09.01.2023 issued by the Respondent no. 1 and quash the same as bad in law and direct the respondents to release the petitioner's son prematurely on considering this Court Order on W.P (MD) No. 24174 of 2019 in W.M.P (MD) No. 20767 of 2019 dated 22.02.2022 and his good conduct inside the prison considering the relevant G.Os.

For Petitioner :

Mr.S.M.A.Jinnah For Respondents :

Mr.S.Ravi Additional Public Prosecutor

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The Writ Petition has been filed challenging the impugned G.O.(D) No. 25, dated 09.01.2023, issued by the 1st respondent and consequently, to direct the respondents to release the petitioner's son prematurely by considering the order of this Court in W.P (MD) No. 24174 of 2019 and W.M.P (MD) No. 20767 of 2019 dated 22.02.2022 and his good conduct inside the prison considering the relevant G.Os.

2. Today, when the matter was taken up for hearing, learned counsel on either side made a submission that the detenu has been prematurely released on the occasion of the 115th Birthday of Dr.Peraringnar Anna on 15.09.2023 vide G.O.(Ms).No.92 Home (Prison-IV) Department, dated 06.02.2023,

3. Recording the same, the Writ Petition is dismissed as infructuous. No costs.

[D.K.K., J.] [R.V., J.] 07.02.2024 Index : Yes / No Internet : Yes / No SJ To 1.The Additional Chief Secretary to Government, O/o. the Additional Chief Secretary to Government, Home (Prison IV) Department, Secretariat, St.George Fort, Chennai.

2.The Additional Director General of Prison, O/o. the Additional Director General of Prison, Whannels Road, Egmore, Chennai.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ 3.The Superintendent of Central Prison, Central Prison, Palayamkottai, Tirunelveli.

07.02.2024