Citation : 2021 Latest Caselaw 14451 Mad
Judgement Date : 19 July, 2021
W.P(MD)NO.10939 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:19.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)NO.10939 of 2021
Murugeshwari :Petitioner
.vs.
The State, represented by
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,
Madurai Central Prison,
Madurai. : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court to issue a Writ of Mandamus directing
the respondents to consider the representation dated 26.4.2021 for
premature release of the Petitioner's father in the light of
G.O.Ms.No.64, dated 1.12.2018 passed by the first respondent and
consequently to direct the respondents to release him forthwith.
1/5
https://www.mhc.tn.gov.in/judis/
W.P(MD)NO.10939 OF 2021
For Petitioner :Mr.EdinBrough
For Respondents :Mr.S.Ravi
Standing Counsel for the State
ORDER
*************
[Order of the Court was made by K.KALYANASUNDARAM.,J.]
The Petitioner has come forward with this Writ Petition
seeking for a direction to the respondents to consider her
representation, dated 26.04.2021 for premature release of her
father in the light of G.O.Ms.No.64 of 2018, dated 1.12.2018.
2.Mr.P.EdinBrough, learned counsel for the Petitioner would
submit that the Petitioner's father Pandi @ Jimmi Pandi was found
guilty for the offence of murder in S.C.No.126 of 2007 by the
Principal District and Sessions Judge, Madurai and he was
sentenced to undergo life imprisonment. The judgment and order
was confirmed by this Court in Crl.A(MD)No.515 of 2007.
According to the learned counsel, the convict Jimmi Pandi has been
in judicial custody for about 13 years. But the representation of the
Petitioner for premature release of the convict Jimmi Pandi was
not considered.
3.It is the submission of the learned counsel for the Petitioner
https://www.mhc.tn.gov.in/judis/ W.P(MD)NO.10939 OF 2021
that it would suffice if a direction is given to the first respondent to
pass orders on the representation of the Petitioner.
4.Per contra, Mr.S.Ravi, learned Standing Counsel for the
State appearing for the respondents, on instructions, would state
that the representation of the Petitioner is pending before the
first respondent and it will be disposed of in accordance with law.
5.Considering the nature of the prayer sought for in the Writ
Petition and the submissions of the learned counsels appearing on
either side, this Court, without going into the merits of the matter,
directs the first respondent to consider the representation of the
Petitioner, dated 26.4.2021 on merits and in accordance with law
and pass orders within a period of 12 weeks from the date of
receipt of a copy of this order.
6.With the above direction, the Writ Petition stands disposed
of. No costs
[M.K.K.S.,J.] & [B.P.,J.] 19.07.2021 Index:Yes/No
Internet:Yes/No
vsn
https://www.mhc.tn.gov.in/judis/ W.P(MD)NO.10939 OF 2021
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, Madurai Central Prison, Madurai.
https://www.mhc.tn.gov.in/judis/ W.P(MD)NO.10939 OF 2021
K.KALYANASUNDARAM, J.
AND B.PUGALENDHI, J.
vsn
0RDER MADE IN W.P(MD)No.10939 of 2021
19.07.2021
https://www.mhc.tn.gov.in/judis/
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