Mariyammal v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Twentieth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice M.S.RAMESH AND The Hon`ble Mr.Justice M.NIRMAL KUMAR W.M.P(MD). No.15081 of 2023 in W.M.P(MD). S.R.No.73543 of 2022 in WP(MD).No.15558 of 2022 Mariyammal

... Petitioner Vs

¶1The Principal Secretary, Home (Prison) Department, Secretariat, Chennai - 600 009.

¶2The Director General of Prison, Egmore, Chennai - 600 008.

¶3The Superintendent of Police, Palayamkottai Central Prison, Tirunelveli District. ... Respondents

Prayer in W.M.P(MD). No.15081 of 2023:- This petitioner filed under Order 4 rule 9(4) of A.S. Rules, to condone the delay of 162 days in re-presenting the above WMP.(MD).No. SR. 73543 of 2022 in W.P.

(MD).No. 15558 of 2022 and render justice. Prayer in W.M.P(MD). S.R.No.73543 of 2022:- This petition filed to modify the condition imposed in W.P(MD).No.15558 of 2022 dated 29.08.2022 to grant 28 days leave in to the petitioner's son namely Mani alias Nallikkai Mani alias Manikandan (CP.No.3913) without Escort as per the rule 20(i) of Tamilnadu suspension of sentence rules, 1982 instead of with escort. Prayer in W.P(MD).No.15558 of 2022:-Writ Petition is filed under Article 226 of the Constitution of India, praying for issueane of Writ of Mandamus directing the respondents, more particularly 3rd respondent to grant 1 month ordinary leave with out escort to the petitioners son namely Mani Alias Nallikkai Mani Alias Manikandan (CP.No.3913) as per the Rule 20(i) of Tamil Nadu suspension of sentence Rules, 1982 by considering petitioners representation dated 26.03.2022. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. R.Vinoth Bharathi, Advocate for the Petitioner and of Mr. A.Thiruvadikumar, Additional Public Prosecutor for the respondents, this Court made the following order: " The learned counsel for the petitioner seek permission of this Court to withdraw the Miscellaneous Petition. He has also made endorsements to that effect.

¶2In view of the submission and endorsement made, this petition is dismissed as withdrawn. " Sd/- Assistant Registrar(C.O) // True Copy // /09/2023 Sub Assistant Registrar(CS ) TO

¶1The Principal Secretary, Home (Prison) Department, Secretariat, Chennai - 600 009.

¶2The Director General of Prison, Egmore, Chennai - 600 008.

¶3The Superintendent of Police, Palayamkottai Central Prison, Tirunelveli District.

¶4The Deputy Inspector General of Prisons, Madurai.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER DATED : 20/09/2023 ==========================

ORDER ========================== W.M.P(MD). No.15081 of 2023 in W.M.P(MD). S.R.No.73543 of 2022 in WP(MD).No.15558 of 2022 Giving direction and etc. as stated within.

AMS/26.09.2023 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023