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Madras High CourtWP(MD)/22253/2024dismissed

Kalaiselvi v. The State Represented By Its,

2024-09-19Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 19.09.2024

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Kalaiselvi ... Petitioner/Wife of the detenu Vs The State represented by its 1.The Secretary to Government of Tamil Nadu, Home Department, Fort St.George, Chennai - 600 009.

2. The Deputy Inspector General of Prison, Trichy Range, Trichy Central Prison, Trichy 620 020.

3. The Superintendent, Trichy Central Prison, Trichy - 620 020.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the detenu, Paramanantham, S/o.Rathnam, aged 47 years old, Convict Prisoner No.25361, confined at Central Prison, Tiruchirappalli. For Petitioner : Ms.K.Akshaya for Mr.S.Manoharan For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.

ORDER

The Writ Petition has been filed in the nature of Mandamus seeking a direction to the respondents to grant 30 days ordinary leave without Police escort to the husband of the petitioner, namely, Paramananthan, son of Rathnam, who is a convict prisoner No.25361, now confined at Central Prison, Trichirappalli.

2. Though the Writ Petition had been filed on 13.09.2024, it is informed to us that even earlier on 06.09.2024, the representation given by the petitioner had been rejected by the second respondent. 2/5

3. In view of that particular fact, the Writ of Mandamus would not lie. We grant liberty to the petitioner to file a fresh writ petition in the nature of Certiorarified Mandamus questioning the said order.

4. Accordingly, the Writ Petition stands dismissed. (C.V.K., J.) (J.S.N.P., J.) 19.09.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 3/5

To 1.The Secretary to Government of Tamil Nadu, Home Department, Fort St.George, Chennai - 600 009.

2. The Deputy Inspector General of Prison, Trichy Range, Trichy Central Prison, Trichy 620 020.

3. The Superintendent, Trichy Central Prison, Trichy - 620 020.

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

4/5

C.V.KARTHIKEYAN, J.

AND J.SATHYA NARAYANA PRASAD, J.

RM 19.09.2024 5/5