Madras High CourtCONT P(MD)/2039/2021closed

M.Saravanan v. S.K.Prabakar Ias

2022-01-06Honourable Dr Justice G. Jayachandran,Honourable Mr Justice S. Vaidyanathan2 pages

Cont.P.(MD) No.2039 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Cont.P.(MD) No.2039 of 2021 in W.P.(MD) No.15191 of 2021 M.Saravanan ... Petitioner -vsS.K.Prabakar, I.A.S., Government of Tamil Nadu rep.by Secretary to Government Home (Prison IV) Department Fort St.George Chennai-600 009 ... Contemnor/Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act praying to punish the contemnor for wanton and willful disobedience of the order passed by this Court in W.P.(MD) No.15191 of 2021, dated 25.08.2021.

Prayer in WP(MD). 15191/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS to call for the records on the file of the 3rd respondent in connection with the impugned order of rejection passed by him in his proceedings No.12594/Tha.Ku.4/2021 dated 16.08.2021 and quash the same as illegal and consequently direct the respondents to grant parole to the petitioner in convict prison No.23309 at Central Prison, trichy and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner : Mr.G.Thalaimutharasu For Respondent : Mr.S.Ravi Additional Public Prosecutor

O R D E R

S.VAIDYANATHAN , J.

and DR.

G.JAYACHANDRAN, J.

Mr.S.Ravi, learned Additional Public Prosecutor, takes notice for the respondent and submits that the representation of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD) No.2039 of 2021 petitioner has been considered and the same was rejected vide G.O. (D) No.1405, Home (Prison-III) Department, dated 03.12.2021.

2. If the petitioner is still aggrieved by the rejection of his request for grant of leave in terms of the Tamil Nadu Suspension of Sentence Rules, 1982, it is open to him to challenge the said Government Order in the manner known to law.

3. Accordingly, the contempt petition is closed. Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) krk Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.Mr.S.K.Prabakar, I.A.S., Secretary to Government, Home (Prison IV) Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

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

Cont.P.(MD) No.2039 of 2021 06.01.2022 BK(CO) GC(27.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2