Vijay v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL Vijay .. Petitioner vs 1.The Secretary to Government, Home Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2.The Director General of Police/Director of Prisons and Correctional Services, C.M.D.A Towers II, No.1, Gandhi Irvin Road, Elumbur, Chennai - 8.
3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Kozhipannai Salai (Near SRM Hotel), Trichy - 620 023.
4.The Superintendent of Prison, Special Prison for Women, Trichy.
.. Respondents 1/6
Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, to direct the respondent No.4 to grant 6 days emergency leave without escort to petitioner's mother by name Muthulakshmi, wife of Vadivel about 43 years, confining at Special Prison for Women, Trichy to make arrangement and participate in the marriage of the petitioner's sister dated 14.12.2023 in pursuance of Rule 6 of the Tamil Nadu Suspension of Sentence Rules, 1982.
For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SUNDAR, J.] When the matter was taken up, it came to light that there were multiple errors in the affidavit as well as in the case file placed before us.
2.We refrain from going into those details, as Mr.R.Alagumani, learned counsel on record for WP petitioner, 2/6
expresses regret and sought leave of this Court to withdraw the captioned 'Writ Petition' [hereinafter 'WP' for the sake of convenience]. 3.Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows: 3/6
4.In the light of the narrative thus far, captioned WP is disposed of as closed/withdrawn. Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter. We also make it clear that this closure will not come in the way of respondents considering the representation dated 08.12.2023 seeking leave for prison-inmate's daughter's wedding on 14.12.2023. 5.Captioned WP is disposed of as closed/withdrawn albeit with the aforementioned observation. There shall be no order as to costs.
(M.S.,J.) (R.S.V.,J.) 12.12.2023 Index : Yes/No ps 4/6
To 1.The Secretary to Government, Home Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2.The Director General of Police/Director of Prisons and Correctional Services, C.M.D.A Towers II, No.1, Gandhi Irvin Road, Elumbur, Chennai - 8.
3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Kozhipannai Salai (Near SRM Hotel), Trichy - 620 023.
4.The Superintendent of Prison, Special Prison for Women, Trichy.
5/6
M.SUNDAR, J., and R.SAKTHIVEL, J., ps 12.12.2023 6/6