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Madras High CourtWP(MD)/23436/2023allowed

Muthumari v. The Home Secretary

2023-11-17Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Monday, the Fourth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice DR.G.JAYACHANDRAN AND The Hon`ble Mr.Justice C.KUMARAPPAN WP(MD). No.23436 of 2023 Muthumari ... Petitioner Vs 1 The Home Secretary, Home Department, Secretariat, Fort. St.George, Chennai-9.

2 The Director General of Prison, Prisons and Correctional Services , No.1 Gandhi Irwin Salai, Egmore, Chennai-600008.

3 The Deputy Inspector General Of Prisons , Trichy Range, Trichy.

4 The Superintendent of Prison, Trichy Central Prison, Trichy.

... Respondents

Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned rejection order in No.13198/ThaKu.4/2023 dated 31.08.2023 on the passed by the of the Respondent No.4 and quash the same as illegal and consequently directing the Respondents to grand 28 days of Ordinary Leave to the petitioners husband by name Doss @ Vattakkan @ Perumal @ Petha Perumal S/o. Perumal aged 33 years, now confining at Trichy Central Prison as Life Convict for conjugal visit and for medical treatment to the petitioner for Jaundice and to provide necessary treatment to the petitioners husband for the bone fracture.

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 M/s. B Fazilkirmani, Advocate for the Petitioner and of M/s. S Ravi, Government Advocate for the respondents, this Court made the following order: Today, the matter is listed under the caption 'for reporting compliance.

2. The petitioner sought for ordinary leave for her husband and the same was granted by this Court vide order dated 17.11.2023. Pursuant to the leave granted to the life convict, he was released on 21.11.2023 and has returned to the prison and surrendered on 18.12.2023. The same has been informed by the Superintendent of Prison, Central Prison, Trichy to the learned Additional Public Prosecutor, Madurai Bench of Madras High Court through letter dated 02.03.2024.

3. In view of the above fact, compliance is recorded and no further orders are required in the present Writ Petition.

Sd/- Assistant Registrar(CS II ) // True Copy // /03/2024 Sub Assistant Registrar (CS - I/ II / III / IV) TO 1 The Home Secretary, Home Department, Secretariat, Fort. St.George, Chennai-9.

2 The Director General of Prison, Prisons and Correctional Services , No.1 Gandhi Irwin Salai, Egmore, Chennai-600008.

3 The Deputy Inspector General Of Prisons , Trichy Range, Trichy.

4 The Superintendent of Prison, Trichy Central Prison, Trichy.

ORDER DATED : 04/03/2024 ==========================

ORDER

========================== WP(MD). No.23436 of 2023 Giving direction and etc.

as stated within.

SSA (14.03.2024) 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.