Petitioner sought writ of Mandamus for 10 days emergency leave for her brother, a life convict, to visit his critically ill mother. Dismissed as infructuous since the mother died during petition pendency and emergency leave was already granted via parole.
Petition dismissed as infructuous; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2016
CORAM
THE HONOURABLE MS.JUSTICE R.MALA
W.P.No.4342 of 2016
and
W.M.P.No.5223 of 2016
S.Karpagam .. Petitioner
Vs.
1.The Government of Tamil Nadu,
Represented by its Secretary,
Home (Prison) Department,
Fort St. George, Chennai – 600 009.
2.The Inspector General of Prison,
Tamil Nadu Prison
Egmore, Chennai – 08.
3.The Superintendent of Prison,
Central Prison, Vellore. .. Respondents
Prayer: Petition filed under Article 226 of Constitution of India to issue a writ of Mandamus, directing the respondents to grant 10 days emergency leave to the petitioner's brother namely P.Nagendran S/o.Ponnuswamy aged 46 years for enabling to see his illness mother.
For Petitioner : Mr.P.Vijendran
for Mr.M.R.Senthil Kumar
For Respondents: Mr.P.Sanjay Gandhi
Additional Government Pleader
ORDER
The petitioner who is none other than the sister of the detenu, namely, Nagendran, S/o.Ponnuswamy, a life convict No.1236 in S.C.No.316 of 1998, who was lodged at Central Prison, Vellore, has come forward with this writ petition for emergency leave of 10 days stating that his mother was critically ill.
2.During the pendency of the writ petition, the detenu's mother has passed away and hence, as per the order dated
07.02.2016, the detenu was granted parole for two days to attend the funeral ceremony of his mother and also by order dated 18.02.2016, the detenu has granted two days emergency leave for performing the last rituals to his mother. So, the object for entitlement of emergency leave has already been over. Therefore, nothing survives in this petition and hence, the writ petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. No costs.
-s/d-
Assistant Registrar
True Copy Sub-Assistant Registrar cse To 1.The Government of Tamil Nadu, Represented by its Secretary, Home (Prison) Department, Fort St. George, Chennai – 600 009. 2.The Inspector General of Prison, Egmore, Chennai – 08. 3.The Superintendent of Prison, Central Prison, Vellore.
+2 ccs to Government Pleader sr.nos.11742 &10544
W.P.No.4342 of 2016 and W.M.P.No.5223 of 2016
aa07/03/2016
1 provisions across 1 enactments
S.Karpagam
The Government of Tamil Nadu
The Inspector General of Prison
The Superintendent of Prison
R. Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
