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Madras High CourtWP(MD)/30935/2023disposed of

Nagaraj v. The State Of Tamil Nadu, Rep. By

2023-12-22Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Friday, the Fifth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice J NISHA BANU AND The Hon`ble Mr.Justice K.K.RAMAKRISHNAN WP(MD). No.30935 of 2023 Nagaraj ... Petitioner Vs 1 The State of Tamil Nadu, Rep . By the Principal Secretary, Home Prohibition and Excise Department, State of Tamil Nadu, Fort St.George, Chennai - 9.

2 The Director General of Police/Director General of Prisons and Correctional Services C.M.D.A.Towers II, No.1 Gandhi Irvin Road, Egmore, Chennai - 8.

3 The Deputy Inspector General Of Prisons, Madurai Range Madurai Central Prison Campus, New Jail Road, Madurai District.

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

... Respondents

Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to grant 21 days ordinary leave without escort to petitioners son by name Seenivasan for enabling him to make arrangement for partition of their property and for enabling him to take care and attend the serious illness of his 70 years old bedridden mother by name Subbulakshmi in pursuance of rule 20(v), 20(vii) and 22 of the Tamilnadu Suspension of Sentence Rules, 1982 and on the basis of the G.O.Ms.No.205 Home (Prison V) Department dated 25.04.2022 in accordance with law within the time stipulated by this Court.

ORDER:- This Petition coming on for orders on this day under the caption 'For reporting compliance' and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. R Alagumani, Advocate for the Petitioner and of Mr. S.Ravi, Government Advocate for the respondents, this Court made the following order:

The writ petition is listed today under the caption 'for reporting compliance' of the order, dated 22.12.2023.

2. When the matter was taken up for hearing today, the learned Additional Public Prosecutor, on instructions, submitted that pursuant to the order of this Court, dated 22.12.2023, the representation of the petitioner, dated 15.12.2023, seeking 21 days ordinary leave to the petitioner's son has been considered and order has been passed by the third respondent, rejecting the request of the petitioner, vide order, dated 04.01.2024.

3. The said submission is recorded. If at all the petitioner is aggrieved, he can challenge the rejection order, dated 04.01.2024, in the manner known to law. Sd/- Assistant Registrar(CS II) // True Copy // /01/2024 Sub Assistant Registrar (CS-I/ II / III /IV) TO 1 The Principal Secretary, Home Prohibition and Excise Department, State of Tamil Nadu, Fort St.George, Chennai - 9.

2 The Director General of Police/Director General of Prisons and Correctional Services C.M.D.A.Towers II, No.1 Gandhi Irvin Road, Egmore, Chennai - 8.

3 The Deputy Inspector General Of Prisons, Madurai Range Madurai Central Prison Campus, New Jail Road, Madurai District.

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

ORDER DATED : 05/01/2024 ==========================

ORDER

========================== WP(MD). No.30935 of 2023 Giving direction and etc.

as stated within.

SSA/30.01.2024 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023