Madras High CourtWP(MD)/18775/2023closed

Bala Krishnan v. The Deputy Inspector General Of Prison

2023-08-03Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR W.P.(MD)No.18775 of 2023 Balakrishnan ... Petitioner Vs.

1.The Deputy Inspector General of Prisons, O/o.Deputy Inspector General of Prisons, and Correctional Services Madurai Range, Madurai Central Prison Campus New Jail Road Madurai 625 016.

2.The Superintendent of Prison Central Jail, Palayamkottai, Tirunelveli District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondent No.1 and 2 to grant ordinary leave to the petitioner son for the period of 40 days without escort by considering the petitioner's representation dated 26.07.2023.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) By consent, the writ petition itself is taken up for final hearing.

2. The petitioner's son, viz., Prabakaran (Convict No.4904), S/o.Lakshmana Perumal, is confined in the second respondent prison as a life convict. She has sent a representation dated 26.07.2023 to the respondents seeking for ordinary leave for her son for a period of 40 days. Since the said representation was not considered, the petitioner is before this Court with this writ petition.

3. Today when the matter was called, the learned Additional Public Prosecutor produced a copy of the order passed by the second respondent dated 02.08.2023, wherein the petitioner's representation dated 26.07.2023 has already been rejected. While that being so, the prayer that has been sought for in the

present writ petition has become infructuous. Accordingly, this writ petition is dismissed as infructuous. However, liberty is granted to the petitioner to challenge the order of rejection dated 02.08.2023 in the manner known to law. (M.S.R.,J.) & (M.N.K.,J.) 03.08.2023 NCC : Yes / No Index : Yes / No RR To 1.The Deputy Inspector General of Prisons, O/o.Deputy Inspector General of Prisons, and Correctional Services Madurai Range, Madurai Central Prison Campus New Jail Road Madurai 625 016.

2.The Superintendent of Prison Central Jail, Palayamkottai, Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.S.RAMESH, J.

AND M.NIRMAL KUMAR, J.

RR W.P.(MD)No.18775 of 2023 03.08.2023