Madras High Court
T.Pechiyammal vs The State Represented By on 6 July, 2021
W.P(MD)No.6832 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:06.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.6832 of 2021
T.Pechiyammal ... Petitioner
vs.
1.The State represented by
the Secretary to Government of Tamil Nadu,
Department of Home,
Fort St. George,
Chennai 600 009.
2.The Additional Director General of Prison,
C.M.D.A.Towers,
Egmore,
Chennai 600 008.
3.The Superintendent of Prison,
Central Prison,
Trichy. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents to release the detenu, Sudalaimuthu, S/o. Nallaperumal, life
convict No.12000, prematurely confined at Central Prison, Trichy, as per
the G.O.(Ms.).No.64, dated 01.02.2018.
1/4
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.6832 of 2021
For Petitioner : Mr.R.Narayanan
For Respondents : Mr.S.Ravi
Standing counsel for the Government
ORDER
[Order of the Court was made by K.KALYANASUNDARAM.,J.]
This writ petition has been filed for issuance of Writ of
Mandamus, directing the respondents to release the detenu
Sudalaimuthu, S/o.Nallaperumal, Life Convict No.12000, now confined
at Central Prison, Trichy, as per G.O.(Ms.).No.64, dated 01.02.2018.
2. Mr.R.Narayanan, learned counsel appearing for the petitioner
would submit that the petitioner's brother Sudalaimuthu was convicted
by the learned Principal Sessions Judge, Tuticorin in Sessions Case No.
104 of 2016 and sentenced to undergo life imprisonment, vide judgment
dated 04.02.2019. The convict had already undergone the sentence of 19
years and hence, he is eligible for premature release under G.O.(Ms.).No.
64, dated 01.02.2018. In this regard, the petitioner sent a representation
dated 26.02.2020. But no action was taken and hence, the present writ
petition.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.6832 of 2021
3. The learned counsel appearing for the petitioner would further
submit that it would suffice if a direction is issued to the first respondent
to pass orders on the representation of the petitioner.
4. Mr.S.Ravi, learned Standing counsel appearing for the
respondents would submit that the representation of the petitioner is
under consideration and they are ready to pass orders in accordance with
law.
5. In the light of the prayer sought for in this writ petition and the
submissions of the learned counsels on either side, this Court, without
going into the merits of the matter, directs the first respondent to pass
orders on the representation of the petitioner, dated 26.02.2020, purely
on merits and in accordance with law, within a period of eight weeks
from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No
costs.
[M.K.K.S.,J.] & [B.P.,J.]
06.07.2021
Index :Yes/No
Internet:Yes/No
akv
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.6832 of 2021
K.KALYANASUNDARAM,J.
AND
B.PUGALENDHI,J.
akv
Note :
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the
order that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
To
1.The Secretary to Government of Tamil Nadu,
Department of Home,
Fort St. George,
Chennai 600 009.
2.The Additional Director General of Prison,
C.M.D.A.Towers,
Egmore,
Chennai 600 008.
3.The Superintendent of Prison,
Central Prison,
Trichy.
ORDER MADE IN
W.P(MD)No.6832 of 2021
06.07.2021
https://www.mhc.tn.gov.in/judis/
