Vairamani v. The State Represented By Its The Secretary To Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2023 CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Vairamani ... Petitioner vs.
The State represented by its,
1. The Secretary to Government of Tamilnadu, Home Department, Fort St.George, Chennai - 600 009.
2. The Deputy Inspector General of Police (Prison), Trichy Range, Trichy Central Prison, Trichy-620 020.
3. The Superintendent, Central Prison, Trichy-620 020.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the detenu Jeeva S/o.Chandirasekaran, aged about 27 years, Convict No.24135, confined at Central Prison, Trichy.
Page No.1 of 6
For Petitioner : Mr.R.Narayanan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity] has been filed with a Mandamus prayer qua representation dated 29.11.2023 made by WP petitioner seeking 30 days ordinary leave without escort for her son Thiru.Jeeva son of Chandirasekaran who is now a prison inmate lodged in Central Prison, Trichy. 2.
Issue Notice.
3.
Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor accepts notice for respondents and submits that aforementioned representation dated 29.11.2023 has since been rejected vide order dated 11.12.2023 bearing reference No.106/Kc/2023. A scanned reproduction of 11.12.2023 order is as follows: Page No.2 of 6
Page No.3 of 6
4.
As the prayer is one for Mandamus and as the representation has since been rejected, we dispose of captioned WP as closed preserving all the rights and contentions of WP petitioner and or any one concerned for prison inmate for assailing aforementioned order of 2nd respondent [order dated 11.12.2023] in a manner known to law. If the aforementioned 11.12.2023 order of 2nd respondent is assailed in a manner known to law, the same shall be considered on its own merits and in accordance with law more particularly, in accordance with Tamil Nadu Suspension of Sentence Rules, 1982 de hors the closure of captioned WP. 5.
Captioned WP is disposed of in the aforesaid manner with aforesaid observation and preservation of rights in the aforesaid manner. There shall be no order as to costs.
(M.S., J.) (R.S.V., J.) Index : Yes / No 19.12.2023 : Yes / No bala Page No.4 of 6
To
1. The Secretary to Government of Tamilnadu, Home Department, Fort St.George, Chennai - 600 009.
2. The Deputy Inspector General of Police (Prison), Trichy Range, Trichy Central Prison, Trichy-620 020.
3. The Superintendent, Central Prison, Trichy-620 020.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Page No.5 of 6
M.SUNDAR, J.
and R.SAKTHIVEL, J.
bala ORDER MADE IN DATED : 19.12.2023 Page No.6 of 6