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Madras High CourtWP(MD)/23896/2023allowed

Mariyam Meiyal v. The Deputy Inspector General Of Prison

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Tuesday, the Second day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice J.NISHA BANU AND The Hon`ble Mr.Justice K.K.RAMAKRISHNAN Mariyam Meiyal ... Petitioner/Mother of Prisoner Vs 1 The Deputy Inspector General Of Prison Madurai Zone, Madurai Central Prision Madurai - 625001 2 The Superintendent of Prison Central Prison Palayamkottai Tirunelveli - 627 002 ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandmus or order or any direction in the nature of Writ Calling For record pertaining to the impugned order passed by the 1st respondent 31.08.2023 in No.1849/U.tha.

2/2023 and Quash the same and consequently directing the Respondents to grant ordinary leave of 40 days without escort to the life convict prisoner, namely Sahaya Bruno, S/o.

case and thus render justice.

ORDER:- This Writ 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.R.Narayanan, Advocate for the Petitioner and of Mr.Mr.S.Ravi Additional Public Prosecutor Advocate for the respondents, this Court made the following order:

[Order of the Court was made by J.NISHA BANU., J.] The present Writ Petition was disposed of vide order dated 17.11.2023, granting 30 days ordinary leave with escort to the said prison inmate. 2.Today, the matter is listed under the caption 'For Report'. 3.Learned Additional Public Prosecutor appearing for the respondents would submit that since the prison inmate had submitted a letter stating that he is not willing to avail the ordinary leave, the prison inmate was not released from the prison.

4.The learned Counsel for the petitioner submitted that the prison inmate is unable to bear the cost of police escort and therefore, he is not pressing the prayer in the writ petition which was allowed earlier.

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5.Recording the same, this petition is closed. Sd/- Assistant Registrar(CS-III) // True Copy // /01/2024 Sub Assistant Registrar (CS - I / II / III / IV) MR TO 1 The Deputy Inspector General Of Prison Madurai Zone, Madurai Central Prision Madurai - 625001 2 The Superintendent of Prison Central Prison Palayamkottai Tirunelveli - 627 002

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

ORDER DATED : 02/01/2024 ==========================

ORDER

========================== Giving direction and etc.

as stated within.

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AMS/10.01.2024 4P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4