Pavithra v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Monday, the Eighteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA AND The HONOURABLE MR. JUSTICE K. RAJASEKAR WMP(MD). No.16222 of 2024 in WP(MD)NO.18243 OF 2024 Pavithra ... Petitioner/Petitioner Vs 1 The Principal Secretary to Government, Home Prohibition and Excise (Prison-Iv) Department,Fort St. George, Chennai - 600 009.

2 Inspector General of Prisons O/o. Prison Department Headquarters, Whannels Road,Egmore,Chennai - 600 008.

3 The Deputy Inspector General Of Prisons, Trichy Range, Race Course Road, Trichy - 620 023.

4 The Superintendent of Prisons Central Prison, Trichy - 620 020.

... Respondent/Respondent 1/4

Prayer in WMP(MD) No.16222/2024:- This Writ Miscellaneous Petition is filed under Article 226 of the Constituion of India, to modify the order passed in WP(MD) 18243/2024 dated 01.08.2024 and grant 11 days ordinary leave without escort to petitioners husband Prathap, S/o. Palanivelu (Convict Prisoner No.22525) confined at Central Prison, Tiruchirappalli, by considering petitioners representation dated 25.06.2024 forthwith. Prayer in WP(MD)No.18243 of 2024:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant 21 days ordinary leave without police escort to petitioners husband namely Prathap, S/o. Palanivelu (Convict Prisoner No.22525) confined at Central Prison, Tiruchirappalli, by considering petitioners representation dated 25.06.2024 forthwith. 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.C.Karthikeyan, Advocate for the Petitioner and of Mr.Thiruvadi Kumar, Addl.Public Prosecutor, for the respondents, this Court made the following order: (Order of the Court was made by A.D.JAGADISH CHANDIRA,J.)

This petition has been filed seeking to modify the condition imposed in the order dated 01.08.2024 in W.P.(MD)No.18243 of 2024 granting 11 days ordinary leave to the petitioner's husband viz., Prathap, Convict No.22525 confined at Central Prison, Trichi, by considering his representation dated 25.06.2024 forthwith, that it shall be "with escort" as one of "without escort". 2.When the matter was taken up, Mr.C.Karthikeyan, learned counsel for the petitioner, would submit that subsequently, the petitioner has been granted 21 days ordinary leave without escort by the prison authorities and thereby, the present petition has become infructuous.

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3. Recording the above submission, this writ miscellaneous petition stands dismissed as infructuous.

Sd/- Assistant Registrar(CS III) // True Copy // /12/2024 Sub Assistant Registrar (CS - I/ II / III /IV) TO 1 The Principal Secretary to Government, Home Prohibition and Excise (Prison-Iv) Department,Fort St. George, Chennai - 600 009.

2 Inspector General of Prisons O/o. Prison Department Headquarters, Whannels Road,Egmore,Chennai - 600 008.

3 The Deputy Inspector General Of Prisons, Trichy Range, Race Course Road, Trichy - 620 023.

4 The Superintendent of Prisons Central Prison, Trichy - 620 020.

Copy to The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER DATED: 18/11/2024 ==========================

ORDER

========================= WMP(MD)No.16222 of 2024 in WP(MD)NO.18243 OF 2024 Giving direction and etc.

as stated within.

MK/05.12.2024 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4