Dhayal v. The Secretary To Govt
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD No.10950 of 2021 Dhayal ... Petitioner/Wife of the detenu -vs1.The Secretary to Government, Home (Prison IV) Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.
2.The Additional Director General of Prisons, Egmore,Chennai -8.
3.The Deputy Inspector of Prison, Madurai Central Prison Campus, Madurai Range, Madurai.
4.The Superintendent of Prison, Madurai 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 release the petitioner's husband V.P.Pandi (CP 5932), son of Ponnuchamy, aged about 45 years, on emergency leave, for a period of 10 days, confining at Madurai Central Prison as life convict. For Petitioner :Mr.R.Venkatesan For Respondents :Mr.S.Ravi Standing counsel for Government
O R D E R
[Order of the Court was made by K.KALYANASUNDARAM, J.] Heard Mr.R.Venkatesan, learned counsel appearing for the petitioner and Mr.S.Ravi, learned Standing counsel representing the State and perused the materials available on record. 1/3
2. The petitioner has come forward with this writ petition for issuance of Writ of Mandamus directing the respondents to release the petitioner's husband V.P.Pandi (CP 5932), on emergency leave, for a period of 10 days, who is confined in Madurai Central Prison.
3. When the matter is taken up for hearing today, the learned Standing counsel appearing for the respondents would state that the representation of the petitioner was considered by the third respondent and rejected on 28.06.2021. The rejection order is placed on record. On instructions, he would further state that the convict was already convicted in a trible murder case and that apart, he has also involved in 20 cases, out of which 7 cases are pending trial.
4. In the light of the above, we are of the opinion that the prayer sought for in this writ petition has become infructuous. Accordingly, the Writ Petition is dismissed, giving liberty to the petitioner to challenge the order of rejection, in the manner known to law. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) akv Note :
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To 1.The Secretary to Government, Home (Prison IV) Department, Government of Tamil Nadu, Secretariat, Fort St. George,Chennai 600 009.
2.The Additional Director General of Prisons, Egmore,Chennai -8.
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3.The Deputy Inspector of Prison, Madurai Central Prison Campus, Madurai Range,Madurai.
4.The Superintendent of Prison, Madurai Central Prison, Madurai.
ORDER MADE IN 01.07.2021 CN(13.07.2021) 3P 5C 3/3