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S.Ilamparuthi vs The State Rep.By Its
2021 Latest Caselaw 11318 Mad

Citation : 2021 Latest Caselaw 11318 Mad
Judgement Date : 13 May, 2021

Madras High Court
S.Ilamparuthi vs The State Rep.By Its on 13 May, 2021
                                                                            WP.No.11906/2021
                                                                         Order dated 13.05.2021



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED 13.05.2021

                                                      CORAM

                               THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

                                                       AND

                           THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

                                       WP.No.11906/2021 & WMP.No.12656/2021
                                                [Video Conferencing]

                     S.Ilamparuthi                                            ..     Petitioner


                                                      Versus

                     1.The State rep.by its
                       Home Secretary [Prison]
                       Home Department, Secretariat
                       Fort St George, Chennai 600 009.

                     2.The Director General of Prison and
                       Inspector General of Prison, Whannels
                       Road, Egmore, Chennai 600 008.

                     3.The Deputy Inspector General of Prisons
                       [Chennai Range], Office of DIG [Range]
                       Whannels Road, Egmore, Chennai-600 008.

                     4.The Superintendent of Prison
                       Puzhal Central Prison-1,
                       Puzhal-600 066.                              ..             Respondents


https://www.mhc.tn.gov.in/judis/
                                                          1
                                                                                     WP.No.11906/2021
                                                                                  Order dated 13.05.2021



                     Prayer:-        Writ Petition filed under Article 226 of the Constitution of
                     India praying for issuance of a writ of certiorarified mandamus to call for
                     the records and quash the impugned order in No.6923/t.k.1/2020 dated
                     17.03.2021 passed by the 4th respondent and to grant one month leave
                     without escort to the convict namely Mr.S.Ilamparuthi, S/o.Late Selvaraj
                     [CT.No.6923] now confined in Central Prison at Puzhal-1.

                                     For Petitioner  :           Mr.M.Mohamed Saifulla
                                     For Respondents :           Mrs.P.Kritika Kamal
                                                                 Govt. Advocate [Crl.Side]

                                                         ORDER

(1) This writ petition has been filed in the nature of a certiorarified

mandamus to quash the impugned order in No.6923/t.k.1/2020

dated 17.03.2021 which had been passed by the 4th respondent

herein.

(2) The petitioner herein, a convict, [CT.No.6923], had sought for

thirty days ordinary leave to him without escort by submitting a

representation dated 11.02.2021. The reasons have been set out in

the said representation. Subsequently, the Hon'ble Supreme Court

of India was also seized of similar matters and they have given

directions or rather opined that representations of this nature

should be considered in the light of the directions given by them.

https://www.mhc.tn.gov.in/judis/

WP.No.11906/2021 Order dated 13.05.2021

(3) The 4th respondent may, therefore, reconsider the entire issue in the

light of the judgment of the Hon'ble Apex Court with respect to

releasing of the prisoner/convict.

(4) The impugned order dated 17.03.2021, is therefore, set aside and a

direction is given to the 2nd respondent to once again pass orders

based on the facts and in any way, the said order is to be passed

on or before 21.05.2021.

(5) The writ petition stands disposed of accordingly. No costs.

Consequently, the connected miscellaneous petition is closed.

                                                                               [CVKJ]      [KRJ]
                                                                                  13.05.2021

                     AP
                     Internet:Yes




https://www.mhc.tn.gov.in/judis/

WP.No.11906/2021 Order dated 13.05.2021

To

1.The Home Secretary [Prison] State of Tamil Nadu Home Department, Secretariat Fort St George, Chennai 600 009.

2.The Director General of Prison and Inspector General of Prison, Whannels Road, Egmore, Chennai 600 008.

3.The Deputy Inspector General of Prisons [Chennai Range], Office of DIG [Range] Whannels Road, Egmore, Chennai-600 008.

4.The Superintendent of Prison Puzhal Central Prison-1, Puzhal-600 066.

https://www.mhc.tn.gov.in/judis/

WP.No.11906/2021 Order dated 13.05.2021

C.V.KARTHIKEYAN, J., AND KRISHNAN RAMASAMY, J.,

AP

WP.No.11906/2021

13.05.2021

https://www.mhc.tn.gov.in/judis/

 
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