Rajesh v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2024

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P(MD)No.26732 of 2023 Rajesh ... Petitioner Vs.

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

2.Director General of Prisons, O/o. Prison Department 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. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents

to consider the representation of the petitioner, dated 12.12.2023 and prematurely release his brother Senthil, S/o.Anbalagan, Convict No. 20107 lodged at Central Prison, Tiruchirappalli under G.O.Ms.No.430 Home (Prison-IV) Department, dated 11.08.2023. For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.S.Ravi, Addl. Public Prosecutor

ORDER

(Order of the Court was made by J.NISHA BANU, J.,) This writ petition has been filed seeking for a direction to the respondents to consider the representation of the petitioner, dated 12.12.2023 and prematurely release his brother Senthil, S/o.Anbalagan, Convict No.20107 lodged at Central Prison, Tiruchirappalli under G.O.Ms.No.430 Home (Prison-IV) Department, dated 11.08.2023.

2. When the matter is taken up for hearing today, the learned counsel for the petitioner submits that the representation of the petitioner had been considered and orders had been passed rejecting the request of the petitioner and therefore, he seeks permission of this Court to withdraw this writ petition with liberty to challenge the

rejection order and he has also made an endorsement to that effect.

3. In view of the endorsement so made, this writ petition is dismissed as withdrawn with liberty to the petitioner to challenge the rejection order in the manner known to law. Consequently, connected miscellaneous petition is closed.

[J.N.B.,J.] & [K.K.R.K.,J.] 03.01.2024 Index :Yes/No NCC :Yes/No pm To 1.The Principal Secretary to Government, Home, Prohibition & Excise (Prison - IV), Fort St. George, Chennai - 600 009.

2.Director General of Prisons, O/o. Prison Department 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.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

J.NISHA BANU , J.

AND K.K.RAMAKRISHNAN, J.

pm ORDER MADE IN 03.01.2024