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Madras High CourtCONT P(MD)/976/2020closed

A.P.Ganesan v. S.K.Prabakar, I.A.S,

2020-12-14Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont. P(MD)No.976 of 2020 in W.P(MD)No.4723 of 2020 A.P.Ganesan ... Petitioner/Petitioner Vs.

1.S.K.Prabakar State of Tamilnadu, Rep. by the Principal Secretary to Government, Home (Prison V) Department, Secretariat, Fort St.George, Chennai-600 009.

2.Urmila The Superintendent of Police, O/o. Superintendent of Police, Central Prison, Madurai District, Madurai.

... Contemnors/Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to initiate contempt proceedings against the contemnors/respondents and punish them for the willful disobedience of the order of the Court in Writ Petition in W.P.(MD)No.4723 of 2020, dated 05.03.2020.

Prayer in WP(MD). 4723 of 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for teh records pertaining to th e impugned order No.4849 / ThaGu 2/2019 on the file of respondent No.2 dt 26/03/2019 and quash the same as illegal and consequently directing the respondents to provide ordinary leave to the petitioners brother namely Balu @ Balasubramani (C.P.No.4754 - Central Prison, Madurai) on Parole for one month for effecting settlement the petitioners property by way of partition, name transfer, maintenance, sale etc and permit the petitioners brother to visit his properties in , Virudhunagar District and to meet his lawyer, relatives to go to hospial, temples, register office and other places which similary situated leave prisoner would by allowed For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.A.Robinson Government Advocate (Crl.side) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The respondents have complied with the direction given by this Court by passing an order. But the order appears to be adverse to the petitioner herein. Therefore, it is for the petitioner to challenge the same in the manner known to law. 2.Giving such liberty to the petitioner, the Contempt Petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) Rmi 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.S.K.Prabakar State of Tamilnadu, Rep. by the Principal Secretary to Government, Home (Prison V) Department, Secretariat, Fort St.George, Chennai-600 009.

2.Urmila The Superintendent of Police, O/o. Superintendent of Police, Central Prison, Madurai District, Madurai.

+1 CC to SPL GP ( SR-25568[F] dated 15/12/2020 ) +1 CC to Mr.T.LAJAPATHI ROY, Advocate ( SR-25596[F]dated 15/12/2020 ) Cont. P(MD)No.976 of 2020 in W.P(MD)No.4723 of 2020 15.12.2020 https://hcservices.ecourts.gov.in/hcservices/ VB (28.12.2020) 2P 5C