1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9675 of 2011 and M.P.(MD).No.1 of 2011 P.Murugesan : Petitioner Vs. The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondent to keep in abeyance all further proceedings in pursuant of the proceeding No.10618/Po1/2010-5, dated 02.08.2011 issued by the respondent. For Petitioner : Mr.A.Thirumurthy For Respondent : Mr.T.S.Mohamed Mohideen Add.Govt.Pleader O R D E R Mandamus sought for is to defer the disciplinary proceedings initiated by the Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District, in No.10618/Po1/2010-5, dated 02.08.2011, on the ground that the following documents were not furnished. "7. 12.09.2010 md;W gfy; Rw;W g[j;jfj;jpd; mwpf;if b$uhf;!; efy;. 8. tp.rp.vz; 2838 Rg;gpukzpad; j/bg. Jiuuh$; gpBuj ghpBrhjid mwpf;if b$uhf;!; efy;." 2. Pleadings and materials on record shows that for the purpose of defence, the petitioner, in his representation, dated 30.09.2010, has sought for eight documents. Out of which, six documents have already been furnished. Earlier, document Nos.7 and 8 were not https://hcservices.ecourts.gov.in/hcservices/ 2 furnished, as they were not available in the Office of the Superintendent, Central Prison, Palayamkottai. Contending interalia that without the above said documents, the petitioner would not be in a position to submit a detailed explanation to defend the charges and on account of the same, prejudice would be caused, the petitioner has come forward with the present writ petition to defer the disciplinary proceedings. 3. On this day, when the matter came up for hearing, Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader, submitted that Document No.7 has already been furnished to the writ petitioner and on receipt of the Postmortem report from the concerned, the same would be furnished to the petitioner, within a week's time. The submission of learned Additional Government Pleader is placed on record. 4. In such view of the matter, there is no need to issue any Mandamus to keep the disciplinary proceedings in abeyance. The respondent is directed to furnish a copy of the Postmortem report, as required by the writ petitioner and shall proceed with the disciplinary proceedings and pass appropriate orders. The petitioner shall not protract the proceedings except for genuine and biona fide cause. 5. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar To The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District. ORDER MADE IN W.P.(MD).No.9675 of 2011 MPK 25.08.2011 NSV/19.9.11/2P/2C https://hcservices.ecourts.gov.in/hcservices/