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Madras High CourtWMP(MD)/17829/2021ordered

Mani, S/O.Sinnasamy, v. The Joint Secretary,

2022-03-24Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Spl. Original Jurisdiction Thursday, the Twenty Fourth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in WP(MD)No.8739 of 2017 Mani ... Petitioner/Petitioner Vs 1.The Joint Secretary, The Government of India, Ministry of Home Affairs (Centre State Division) NDCC-II Building, Jai Singh Road, New Delhi-110 001.

2.The Principal Secretary (Home) Government of Tamil Nadu, Secretariat, Chennai-09.

3.The Superintendent Central Prison, Trichy. ... Respondents/Respondents Prayer in WMP(MD)No.17829 of 2021 :- Writ Miscellaneous Petition filed under Article 226 of Constitution of India, to extend the time for the petitioner to send the representation to the respondents in particular the first respondent as per the order passed by this Hon'ble Court in W.P(MD)No.8739 of 2017 dated 21.05.2021 on such terms and conditions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice. Prayer in WP(MD)No.8739 of 2017 :- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in F.No.V-20011/01.2014-PR dated 06.03.2014 and quash the same consequently direct the respondents to release the petitioner from the prison who is confined in Central prison, Trichy for more than 10 years as convict prisoner no.19970.

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ORDER:- This Writ Miscellaneous 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.S.Charles, Advocate for the Petitioner and of Mr.B.Nambi Selvan, Additional Public Prosecutor, for the Respondents, this Court made the following order:- This Miscellaneous Petition is filed by the petitioner seeking extension of time to send the representation to the respondents, in particular the first respondent, as per the order passed by this court, in WP(MD)No.8739 of 2017, dated 21.05.2021. 2.Heard both sides.

3.By order of this court, dated 21/05/2021, the petitioner herein was required to make a fresh representation to the competent authority, within a period of one month from the date of receipt of the order copy. Now this petition is filed seeking extension of time on the ground that he could not process the order, that has been passed by this court in view of his imprisonment. Because of the pandemic situation, the Advocate was not permitted to visit the prison and he could not contact his Advocate. 4.Considering the fact that the petitioner is undergoing imprisonment and was not in a position to contact his Advocate for processing the representation, as ordered by this court, I am of the considered view that the request made by the petitioner seems to be reasonable and genuine one. So, two months time extension is granted to the petitioner to make a fresh representation from the date of receipt of a copy of this order.

5.This Miscellaneous Petition is ordered accordingly. Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) TO 1.The Joint Secretary, The Government of India, Ministry of Home Affairs (Centre State Division) NDCC-II Building, Jai Singa Road, New Delhi-110 001.

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2.The Principal Secretary (Home) Government of Tamil Nadu, Secretariat, Chennai-09.

3.The Superintendent Central Prison, Trichy.

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

ORDER DATED : 24/03/2022 ==========================

ORDER

========================== in WP(MD)No.8739 of 2017 Giving direction and etc.

as stated within.

RD(09.05.2022) 3P 5C 3/3