Madras High Court
N.Parvathi vs The Government Of Tamil Nadu on 26 February, 2021
W.P.No. 922 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2021
Coram
The Hon'ble Mr. Justice P.N.PRAKASH
and
The Hon'ble Mr. Justice V.SIVAGNANAM
W.P.No. 922 of 2021
N.Parvathi .. Petitioner
Vs
1.The Government of Tamil Nadu,
Rep. by its Addl. Chief Secretary,
Home (Prison IV) Department,
Fort St.George, Chennai.
2.The Inspector General of Police,
Prisons Department,
Whannels Road,
Egmore, Chennai - 600 008.
3.The Superintendent of Prisons,
Cuddalore Prison, Cuddalore. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying to issue a writ of certiorarified mandamus to call for the
records of the proceedings in G.O.(D) No. 1169, Home(Prison-IV)
Department, dated 06.10.2020 on the file of the 1st respondent and
quash the same as illegal without jurisdiction and to consequently
direct the 1st respondent to consider and pass orders afresh on the
representation dated 18.02.2018 within a time frame to be fixed by
this Court.
Page 1 of 7
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W.P.No. 922 of 2021
For Petitioner : Mr.Sharath Chandran
for Mr.Govind Chandrasekar
For Respondents : Mr.R.Prathap Kumar,
Addl.Public Prosecutor
ORDER
[Order of the Court was made by V.SIVAGNANAM, J.]
Challenging the Government Order in G.O.(D) No. 1169,
Home(Prison-IV) Department, dated 06.10.2020 passed by the first
respondent and for a consequential direction to the first respondent to
consider and pass orders afresh on the representation dated
18.02.2018, the present writ petition has been filed.
2.The petitioner is the mother of one Saravanan, who is a life
convict. It is not the case of the petitioner that her son would be
entitled to the benefits of G.O.Ms.No.64 Home (Prison IV) Department
dated 01.02.2018.
3.Though the petitioner had not claimed relief under
G.O.Ms.No.64 Home (Prison IV) Department dated 01.02.2018 in
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W.P.No. 922 of 2021
W.P.No.25426 of 2019, yet a learned single Judge of this Court, by
order dated 13.07.2020, directed the Government to consider the case
of the petitioner in the light of G.O.Ms.No.64 Home (Prison IV)
Department dated 01.02.2018. The Government have considered the
request of the petitioner de hors the fact that he himself had not
sought the relief under the said Government Order and by the
impugned order dated 06.10.2020, rejected the request by holding
that the petitioner's son did not qualify.
4.In the impugned order, it is stated that the petitioner's son did
not qualify for even consideration by the Government for premature
release under G.O.Ms.No.64 Home (Prison IV) Department dated
01.02.2018 as he had not completed 10 years of actual imprisonment
as on the cut off date viz., 25.02.2018. In para 7 (iii) of the impugned
order, the Government have stated that since the petitioner's son was
convicted for the offence under Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, he would also not be entitled to
the benefits under G.O.Ms.No.64 Home (Prison IV) Department dated
01.02.2018.
5.Mr.Sharath Chandran, learned counsel for the petitioner
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W.P.No. 922 of 2021
contended that though the petitioner had not claimed any benefit
under G.O.Ms.No.64 Home (Prison IV) Department dated 01.02.2018.
the Government erroneously considered the representation of the
petitioner as if the petitioner was claiming benefit under G.O.Ms.No.64
Home (Prison IV) Department dated 01.02.2018.
6.We are unable to persuade ourselves to accept the
submissions because the learned single Judge of this Court in the order
referred to above, had specifically directed the Government to consider
the case of the petitioner's son in the light of G.O.Ms.No.64 Home
(Prison IV) Department dated 01.02.2018 and that is why the
Government was forced to consider the case in the light of the said
Government Order. Strong reliance was placed on the Division Bench
judgment of Madurai Bench of this Court in W.P.(MD) Nos.9176 and
9177 of 2019 dated 15.04.2019, in which, the Government had taken
a stand that they have the power to grant remission under
G.O.Ms.No.64 Home (Prison IV) Department dated 01.02.2018 for a
convict prisoner, who has been convicted for the offence under
S.C./S.T. Act. Therefore, having taken such a stand, it is not open to
the Government to take a different stand in the instant case. Be that
as it may, the fact remains that the petitioner herself is aware that her
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W.P.No. 922 of 2021
son will not be entitled to the benefit of G.O.Ms.No.64 Home (Prison
IV) Department dated 01.02.2018 as the convict prisoner had not
completed ten years of actual imprisonment as on 25.02.2018.
Therefore, on this short ground alone, the first part of the impugned
order dated 06.10.2020 passed by the Government deserves to be
sustained and is accordingly upheld.
7.As regards the second ground viz., the power of State
Government to grant remission in G.O.Ms.No.64 Home (Prison IV)
Department dated 01.02.2018 to a person who has been convicted
under S.C./S.T. Act, the same is left open to be decided in an
appropriate case.
8.Learned counsel for the petitioner submitted that the case of
the petitioner was that her son would be entitled to be released by the
order of His Excellency the Governor under Article 161 of the
Constitution of India. Of course, this is not the subject matter of the
present writ petition and therefore, it is always open to the petitioner
to approach His Excellency the Governor under Article 161 of the
Constitution of India, if so advised and this Court cannot issue a
mandamus in this regard.
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W.P.No. 922 of 2021
9.With the above observation, this writ petition stands closed. No
costs.
(P.N.P.,J.) (V.S.G.,J.)
26.02.2021
Index: Yes/No
mmi
To
1.The Addl. Chief Secretary to Government,
Home (Prison IV) Department,
Fort St.George,
Chennai.
2.The Inspector General of Police,
Prisons Department,
Whannels Road,
Egmore, Chennai - 600 008.
3.The Superintendent of Prisons,
Cuddalore Prison,
Cuddalore.
4.The Public Prosecutor,
High Court, Madras.
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W.P.No. 922 of 2021
P.N.PRAKASH, J.
and
V.SIVAGNANAM, J.
mmi
W.P. No. 922 of 2021
26.02.2021
https://www.mhc.tn.gov.in/judis/
