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Murugeshwari vs The Secretary To Government Of ...
2021 Latest Caselaw 14451 Mad

Citation : 2021 Latest Caselaw 14451 Mad
Judgement Date : 19 July, 2021

Madras High Court
Murugeshwari vs The Secretary To Government Of ... on 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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