Syed Ali Fathima v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)NO.12303 of 2021 Syed Ali Fathima :Petitioner .vs.
1.The Principal Secretary to Government, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai- 600 009.
2.The Additional Director General of Prisons and Correction Services, Tamil Nadu Prison and Correctional Services Department, Office of the 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 six days emergency leave to the Petitioner's husband by name Syed Abuthahir, son of Syed Ibrahim, aged 60 years and to the Petitioner's elder son by name Sahabudeen, son of Syed Abuthahir, aged 36 years confining at Madurai Central Prison as Life Convicts for making arrangements and to participate in the Petitioner's younger son byname Syed Ibrahim scheduled to be held on 26.7.2021 in pursuance of Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982 by considering the Petitioner's representation submitted to the respondents, dated 13.07.2021 in accordance with law, within the time stipulated by this Court. 1/3
For Petitioner :Mr.R.Alagumani For Respondents :Mr.S.Ravi Standing Counsel for the State
O R D E R
[Order of the Court was made by K.KALYANASUNDARAM.,J.] This Writ Petition has been filed for issuance of a Writ of Mandamus seeking emergency leave to the Petitioner's husband by name, Syed Abuthahir, son of Syed Ibrahim, aged about 60 years and to the Petitioner's elder son by name, Sahabudeen, son of Syed Abuthahir, aged about 36 years, confining at Madurai Central Prison as Life Convicts for making arrangements and to participate in the Petitioner's younger son's marriage by name, Syed Ibrahim scheduled to be held on 26.7.2021 in pursuance of Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982, by considering the Petitioner's representation submitted to the respondents, dated 13.07.2021. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.
When the matter is taken up for hearing today, Mr.R.Alagumani, learned counsel appearing for the petitioner as well as Mr.S.Ravi, learned Standing Counsel appearing for the respondents would submit that after considering the representation of the Petitioner, the Life Convicts Syed Abuthahir, son of Syed Ibrahim, aged 60 years and Sahabudeen, son of Syed Abuthahir, aged about 36 years were granted five days leave.
4.In view of the above submission made by the learned counsel appearing on either side, we are of the opinion that the prayer sought for in the Writ Petition has become infructuous and accordingly, the same stands dismissed as infructuous. No costs. Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn To 1.The Principal Secretary to Government, The State of Tamil Nadu, 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, Tamil Nadu Prison and Correctional Services Department, Office of the 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.
W.P(MD)NO.12303 of 2021 26.07.2021 LS(CO) KB(04.08.2021) 3P 5C 3/3