Karumeniammal.S v. The State Represented By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.P.(MD)No.25402 of 2023 S.Karumeniammal : Petitioner Vs.

1.The State represented by its, The Secretary to Government of Tamil Nadu, Home Department, Fort St. George, Chennai - 600 009.

2.The Deputy Inspector General of Prison, Maudrai Range, Madurai - 625 001.

3.The Superintendent, Central Prison, Palayamkottai- 627 007.

: Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to extend the ordinary leave from 18.10.2023, for 2 months without escort to the detenu Palani, S/o.Sankara Pandi, 47 years, is a life convict prisoner, bearing Convict No. 4296, confined at Central Prison, Palayamkottai. For Petitioner : Ms.K.Akshaya For Respondents : Mr.A.Thiruvadi Kumar, Addl. Public Prosecutor.

O R D E R

[Order of the Court was made by M.SUNDAR, J.] When the matter was taken up, Ms.K.Akshaya, learned counsel on record for Writ Petitioner was on a video conferencing platform [to be noted, this is a hybrid hearing].

2. The prayer is to extend ordinary leave.

3. We find that ordinary leave has been granted by an order made in the Principal Seat vide order dated 15.09.2023 in W.P.No.27504 of 2023. Therefore, captioned Writ petition with a prayer for extension ideally should

also be filed in the Principal Seat as a matter of good order and institutional discipline.

4. Faced with the above situation, learned counsel submitted that she would not press the captioned Writ Petition but requested to preserve all the rights and contentions of the Writ Petitioner and the detenu to move a similar petition with the same prayer in the Principal Seat. Request acceded to.

5. Captioned Writ Petition is disposed of as closed albeit preserving all the rights and contentions of the Writ Petitioner and detenu to file a similar Writ Petition with the same prayer in the Principal Seat. There shall be no order as to costs.

[M.S.,J.] & [R.S.V.,J.] 18.10.2023 Index : Yes Internet : Yes vsm

M.SUNDAR, J.

and R.SAKTHIVEL, J.

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

2.The Deputy Inspector General of Prison, Maudrai Range, Madurai - 625 001.

3.The Superintendent, Central Prison, Palayamkottai- 627 007.

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

W.P.(MD)No.25402 of 2023 18.10.2023