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Madras High Court

Silmya Fathima vs The Secretary To Government on 5 June, 2023

Author: G.Ilangovan

Bench: G.Ilangovan

                                                                          W.P(MD)No.12796 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 05.06.2023

                                                   CORAM :

                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                           W.P(MD)No.12796 of 2023

                     Silmya Fathima                                    ... Petitioner

                                                          Vs.


                     1.The Secretary to Government,
                       Home Department,
                       Fort. St. George,
                       Rajaji Road,
                       Chennai-600 009.

                     2.The Director General of Prisons,
                       Department of Prisons,
                       Whannels Road,
                       Egmore,
                       Chennai-600 008.

                     3.The Additional Director General/Inspector of Prisons,
                       Department of Prisons,
                       Whannels Road,
                       Egmore,
                       Chennai-600 008.

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



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https://www.mhc.tn.gov.in/judis
                                                                                  W.P(MD)No.12796 of 2023


                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus, directing the
                     respondents herein to classify the petitioner's husband namely Sulaiman
                     Hussain @ Niyazkhan @ Mujeeb, (Convicted Prisoner No.8410) as “A”
                     Class Prisoner and thereby extend him with “A” Class facility in Puzhal
                     prison, Chennai.


                                        For Petitioner       : Mr.V.S.Kishok Kumar
                                        For Respondents      : Mr.B.Nambiselvam
                                                               Additional Public Prosecutor


                                                           ORDER

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondents herein to classify the petitioner's husband namely Sulaiman Hussain @ Niyazkhan @ Mujeeb, (Convicted Prisoner No.8410) as “A” Class Prisoner and thereby extend him with “A” Class facility in Puzhal prison, Chennai.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police submitted that the representation made by the petitioner was forwarded by the letter dated 19.05.2023 to the Government for passing orders and the same is 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.12796 of 2023 pending for consideration. He further submitted that within six weeks the above said representation will be considered by the concerned Authority.

3. In view of the above, the concerned Official, namely, the first respondent is directed to consider the petitioner's representation dated 13.03.2023 and pass orders on its own merits within a period of six weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No Costs.

05.06.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No tta 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.12796 of 2023 To

1.The Secretary to Government, Home Department, Fort. St. George, Rajaji Road, Chennai-600 009.

2.The Director General of Prisons, Department of Prisons, Whannels Road, Egmore, Chennai-600 008.

3.The Additional Director General/Inspector of Prisons, Department of Prisons, Whannels Road, Egmore, Chennai-600 008.

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

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

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https://www.mhc.tn.gov.in/judis W.P(MD)No.12796 of 2023 G.ILANGOVAN,J tta Order made in W.P(MD)No.12796 of 2023 Dated : 05.06.2023 5/5 https://www.mhc.tn.gov.in/judis