Madras High Court
P.Sivaraman vs The State Of Tamilnadu on 5 August, 2021
W.P(MD)No.7604 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :05.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN
and
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P(MD)No.7604 of 2021
P.Sivaraman ... Petitioner
-vs-
1.The State of Tamilnadu,
Represented by its Additional Chief Secretary,
Home (Prison) Department,
Secretariat, St. George Fort,
Chennai – 600 009.
2.The Director General of Prisons and Correctional Services,
Tamilnadu Prisons and Correctional Services Department,
No.6, Whannels Road, Egmore,
Chennai – 600 008.
3.The Deputy Inspector General of Prisons,
Office of the DIG of Prisons Madurai Range,
Madurai – 625 016.
4.The Superintendent of Prison,
Central Prison, Palayamkottai,
Tirunelveli – 627 002. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.7604 of 2021
PRAYER : Petition is filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the respondents to
grant a) extension of emergency leave immediately to the petitioner for a
period of two months under Rule 34 of the Tamil Nadu Suspension of
Sentence Rules, 1982 and by invoking power to exempt conferred to the
respondents under Rule 40 of the Tamil Nadu Suspension of Sentence
Rules, 1982, to take care of the petitioner's diseased wife, who is in dying
condition in an unconscious state at ICU of CMC Hospital, Vellore,
b) sanction premature release to the petitioner as per the judgment order of
the Hon'ble Madras High Court in HCP.No.1345 of 2018, dated 02.08.2018
in the light of G.O.(MS)No.64 Home (Prison-IV) Department, dated
01.02.2018, in accordance with law within the time stipulated by this Court.
For Petitioner : Mr.R.Alagumani
For Respondents : Mr.S.Ravi
Standing counsel for the State
ORDER
(Order of the Court was made by V. BHARATHIDASAN, J.)
The writ petition has been filed by the petitioner seeking a direction
to the respondents to extend the emergency leave, for a period of two
months under Rule 34 of the Tamil Nadu Suspension of Sentence Rules,
1982.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.7604 of 2021
2. When the matter is taken up for hearing today, the learned counsel
for the petitioner seeks permission of this Court to withdraw the writ
petition with liberty to approach the authorities seeking leave.
3. In view of the said submission, the petitioner is permitted to
withdraw the writ petition and accordingly, the Writ Petition is dismissed as
withdrawn, with a liberty to the petitioner to approach the fourth respondent
and file an application seeking for emergency leave stating the reasons and
if any such application is filed, the fourth respondent is directed to consider
the same and pass suitable orders, within a period of one week from the date
of receipt of such application. No Costs.
[V.B.D.,J.] [J.N.B.,J.]
05.08.2021
Index : Yes / No
Internet : Yes / No
pm
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.7604 of 2021
Note :
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the
order that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
To
1.The State of Tamilnadu,
Represented by its Additional Chief Secretary,
Home (Prison) Department,
Secretariat, St. George Fort,
Chennai – 600 009.
2.The Director General of Prisons and Correctional Services,
Tamilnadu Prisons and Correctional Services Department,
No.6, Whannels Road, Egmore,
Chennai – 600 008.
3.The Deputy Inspector General of Prisons,
Office of the DIG of Prisons Madurai Range, Madurai – 625 016.
4.The Superintendent of Prison,
Central Prison, Palayamkottai, Tirunelveli – 627 002.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.7604 of 2021
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.7604 of 2021
V.BHARATHIDASAN,J.
and
J.NISHA BANU,J.
pm
ORDER MADE IN
H.C.P.(MD) No.1164 of 2020
05.08.2021
https://www.mhc.tn.gov.in/judis/
