Saivadurai v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2023 CORAM :

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Saivadurai ... Petitioner vs.

1. State of Tamil Nadu, Rep. by the Secretary to Government, Home (Prison IV) Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Director General of Police and Inspector General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai - 600 008.

3. The Deputy Inspector General of Prisons and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai - 625 016.

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

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 21.11.2023 in No.18447/R. 1/2023 on the file of the 4th respondent and quash the same as illegal and Page No.1 of 5

consequently direct the respondents to grant leave for the petitioner's father namely, Ramaiah @ Ramaiah Pandian (CP 5849) son of Govindan aged about 46 years, confining at Madurai Central Prison as life convict for participating the petitioner's grandfather Govindan's 30th day funeral function.

For Petitioner : Mr.R.Venkatesan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.] After some arguments, learned counsel sought leave of this Court to withdraw the captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity]. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows: Page No.2 of 5

2.

Learned counsel made a request that all the rights and contentions of WP petitioner and the prison inmate may please be preserved for seeking leave on other grounds and for coming to this Court regarding leave if it becomes necessary. Request acceded to. 3.

Captioned HCP is disposed of as withdrawn / closed albeit preserving all the rights and contentions of the WP petitioner and the prison inmate for seeking leave on other grounds and for coming to this Court regarding leave if it becomes necessary. There shall be no order as to costs.

(M.S., J.) (R.S.V., J.) 06.12.2023 Index : Yes/No bala To

1. The Secretary to Government, State of Tamil Nadu, Home (Prison IV) Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Director General of Police and Inspector General of Prisons and Correctional Services, Page No.3 of 5

Whannels Road, Egmore, Chennai - 600 008.

3. The Deputy Inspector General of Prisons and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai - 625 016.

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

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M.SUNDAR, J.

and R.SAKTHIVEL, J.

bala ORDER MADE IN DATED : 06.12.2023 Page No.5 of 5