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Madras High CourtWP(MD)/8976/2024closed

Sabira Banu v. The State Of Tamilnadu

2024-04-10Honourable Mr Justice A.D.Jagadish Chandira,Honourable Mr.Justice K.Rajasekar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Sabira Banu ... Petitioner -vs1.The State of Tamilnadu rep.by its The Principal Secretary to the Government Home (Prison) Department Secretariat, St.George Fort Chennai 2.The Deputy Inspector General of Prisons DIG Office Near Central Prison Madurai Range Madurai-625 016 3.The Superintendent of Prison Central Prison Madurai ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to grant ordinary leave to the petitioner's husband, namely, Ibrahimsha, son of Mohamed Hanifa (Life convict prisoner No.5830) for a period of one month for arrangement of livelihood to the family in the Ramalan period without escort by considering the petitioner's representation dated 28.03.2024. For Petitioner :

Mr.D.S.Haroon Rasheed For Respondents :

Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Prayer in this writ petition is to direct the respondents to grant ordinary leave to the petitioner's husband, namely, Ibrahimsha, son of Mohamed Hanifa (Life convict prisoner No.5830) for a period of one month without escort, by considering the petitioner's representation dated 28.03.2024.

2. Today, when the matter was taken up for hearing, Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, who takes notice for the respondents, on instructions, submitted that the representation of the petitioner dated 28.03.2024 seeking ordinary leave to her husband / convict has been rejected by the third respondent vide proceedings dated 08.04.2024 and to that effect, he has also produced a copy of the proceedings dated 08.04.2024 before this Court.

3. In view of the above submission of the learned Additional Public Prosecutor, this writ petition is closed with liberty to the petitioner to challenge the proceedings of the third respondent dated 08.04.2024 in the manner known to law. No costs.

[A.D.J.C., J.] [K.R.S., J.] 10.04.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Principal Secretary to the Government, Home (Prison) Department, Secretariat, St.George Fort, Chennai.

2.The Deputy Inspector General of Prisons, DIG Office, Near Central Prison, Madurai Range, Madurai-625 016.

3.The Superintendent of Prison, Central Prison, Madurai.

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 10.04.2024