Krishnaveni v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2024

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Krishnaveni : Petitioner Vs.

1.The Principal Secretary to Government, Home, Prohibition & Excise (Prison - IV), Fort St.George, Chennai - 600 009.

2.Director General of Prisons, Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai - 600 008.

3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Trichy - 620 023.

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4.The Superintendent of Prisons, Central Prison, Trichy - 620 020.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to grant 40 days ordinary leave without police escort to petitioner's brother Krishnamoorthy @ Krishnakumar S/o.Pandi (Convict Prisoner No.710) temporarily lodged at Central Prison, Tiruchirappalli, by considering her representation dated 12.12.2023 forthwith.

For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.S.Ravi, Additional Public Prosecutor

O R D E R

************ [Order of the Court was made by J.NISHA BANU, J.] This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to grant 40 days ordinary leave without police escort to petitioner's brother Krishnamoorthy @ Krishnakumar S/o.Pandi (Convict Prisoner No.710) temporarily lodged at Central Prison, Tiruchirappalli, by considering the petitioner's representation dated 12.12.2023. 2/5

2.Heard Mr.C.Karthikeyan, learned counsel on record for petitioner and Mr.S.Ravi, learned Additional Public Prosecutor appearing for the respondents.

3.Learned Additional Public Prosecutor for respondents submitted that though the petitioner has preferred an application for grant of ordinary leave, he has been pre-maturely released by the Advisory Board vide proceedings dated 28.12.2023 bearing reference G.O.(Ms).No.728, Home (Prison-IV) Department. 4.In the light of the aforementioned undisputed position, nothing survives for adjudication in the present Writ Petition. 5.Recording the same, this Writ Petition is disposed of as infructuous. There shall be no order as to costs. [J.N.B.,J.] & [K.K.R.K.,J.] 02.01.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The Principal Secretary to Government, Home, Prohibition & Excise (Prison - IV), Fort St.George, Chennai - 600 009.

2.Director General of Prisons, Tamil Nadu Prisons Headquarters, Whannels Road, Egmore, Chennai - 600 008.

3.The Deputy Inspector General of Prisons, Trichy Range, Race Course Road, Trichy - 620 023.

4.The Superintendent of Prisons, Central Prison, Trichy - 620 020.

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J.NISHA BANU, J.

and K.K.RAMAKRISHNAN, J.

MR ORDER MADE IN 02.01.2024 5/5