Alai Arasi @ Subha v. The Additional Director General Of Police (Prison)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Eleventh day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA AND The Hon`ble Mr.Justice K. RAJASEKAR WMP(MD).No.13543 of 2024 in WP(MD)No.13346 of 2024 Alai Arasi @ Subha ... Petitioner/ Petitioner Vs 1 The Additional Director General of Police (Prison), Chennai.
2 The Superintendent, Central Prison, Madurai.
... Respondents/Respondents Prayer :- Writ Miscellaneous Petition Under Article 226 of the Constitution of India, to extend the time of the operation of the order in W.P.(MD) No. 13346 of 2024 dated 27.06.2024 on the file of this Court for another 12 days and pass such further or other orders as this Court may deem fit .
Prayer in WP(MD). 13346/ 2024 :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining
to the impugned order in No. I/23267/2024 dated 31.05.2024 on the file of the 2nd respondent and quash the same as illegal and consequently direct the 2nd respondent to release the petitioner's husband Vijayapandian, S/o. Sakkarai (CP No.5860 - Central Prison, Madurai) on Ordinary Leave / Emergency Leave for 15 days towards arranging school fees and other essential expenditure for her family and to maintain her age old father.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. M.Jegadeesh Pandian, Advocate for the Petitioner and of Mr. A.Thiruvadi Kumar, Additional Public Prosecutor for the respondents this Court made the following order:
This miscellaneous petition is filed to extend the ordinary leave granted in favour of the petitioner's husband by this Court vide order order dated 27.06.2024 in W.P. (MD) No.13346 of 2024, for a period of twelve days.
2. This Court, on humanitarian consideration, had granted ten days ordinary leave to the convict prisoner. He has to surrender before the prison authorities on 15.07.2024. It is submitted by Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, who takes notice for the respondents, on instructions, that the convict prisoner has to be produced before the Court in a pending case, on 18.07.2024.
3. In view of the above, we are not inclined to extend the leave granted to the convict prisoner.
4. Accordingly, this miscellaneous petition is dismissed. Sd/- Assistant Registrar ( ) // True Copy // /07/2024 Sub Assistant Registrar (CS - I/ II / III / IV) TO 1 The Additional Director General of Police (Prison), Chennai.
2 The Superintendent, Central Prison, Madurai.
3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Section Officer, Writ Section, Madurai.
ORDER DATED : 11/07/2024 ==========================
ORDER
========================== WMP(MD).No.13543 of 2024 in WP(MD)No.13346 of 2024 RE (16.07.2024) 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.