Madras High Court
Thavamani vs The State Of Tamil Nadu on 9 June, 2021
W.P.(MD)No.7962 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
W.P.(MD)No.7962 of 2021
Thavamani, W/o.Udayali ... Petitioner
-vs-
1.The State of Tamil Nadu,
Rep. by the Principal Secretary to Government,
Home (Prison-IV) Department,
State of Tamil Nadu,
Secretariat,
St. George Fort,
Chennai – 9.
2.The Additional Director General of Police/
Inspector General of Prisons,
C.M.D.A. Towers II,
No.1, Gandhi Irvin Road,
Egmore,
Chennai – 8.
3.The Deputy Inspector General of Prison,
Office of the Deputy Inspector General of Prison,
Madurai Division,
Madurai Central Prison Campus, Madurai – 16.
1/6
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W.P.(MD)No.7962 of 2021
4.The Superintendent of Prison,
Madurai Central Prison,
Madurai District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, directing the respondents to release the petitioner's husband,
by name Udayali, son of Subramani, aged about 52 years, now lodged and
confined at Central Prison, Madurai, have completed more than 20 years of actual
sentence on the basis of humanitarian ground in G.O.(Ms)No.428, Home (Prison-
IV) Department, dated 29.07.2011, by considering the petitioner's representation,
dated 25.03.2021, in accordance with law, within the time limit to be stipulated by
this Court.
For Petitioner : Mr.R.Prakash
For Respondents : Mr.S.Ravi
Standing Counsel for Tamil Nadu Government
ORDER
[Order of the Court was made by K.KALYANASUNDARAM, J.]
Heard Mr.R.Prakash, learned counsel appearing for the petitioner and
Mr.S.Ravi, learned Standing Counsel appearing for the respondents and perused
the materials available on record.
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W.P.(MD)No.7962 of 2021
2.The petitioner has come forward with this Writ Petition seeking issuance
of a Writ of Mandamus directing the respondents to release the petitioner's
husband viz., Udayali, aged about 52 years, now confined at Central Prison,
Madurai, on the basis of her representation, dated 25.03.2021.
3.It is the case of the petitioner that the convict viz., Udayali is her husband
and he was tried for the offences under Sections 376(1) and 302 I.P.C. in S.C.No.
231 of 1998 and was convicted and sentenced to undergo life imprisonment for
the offence under Section 376(1) I.P.C. and also sentenced to undergo life
imprisonment for the offence under Section 302 I.P.C. In appeal in Crl.A.
(MD)No.266 of 2004, this Court, vide judgment dated 24.06.2004, confirmed the
said conviction and the sentence.
4.The petitioner would claim that in H.C.P.(MD)No.347 of 2017, this Court
issued direction to the authorities to produce her husband before the Advisory
Board, for premature release, but the same was not complied with. She would
futher state that one Raju @ Subburaj, S/o.Perumalsamy, who is similarly placed
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W.P.(MD)No.7962 of 2021
that of her husband, was released on humanitarian ground, vide Government
Order in G.O.(Ms)No.428, Home (Prison-IV) Department, dated 29.07.2011. The
grievance expressed by the petitioner is that even though her husband has
completed 20 years of actual imprisonment, her representation for premature
release was not considered.
5.The learned Standing Counsel appearing for the State Mr.S.Ravi would
argue that since the husband of the petitioner Udayali suffered conviction under
Sections 376(1) IPC and 302 IPC and he was sentenced to undergo life
imprisonment for the above said offences, he is not entitled for premature release.
It is also stated that the Judgment of the Hon'ble Apex Court reported in (2019)2
Scale 225 (State of Tamil Nadu vs. P.Veera Bharathi), will have no application
to the present case, however, the representation of the petitioner will be disposed
of on merits and in accordance with rules.
6.Mr.R.Prakash, learned counsel appearing for the petitioner would submit
that it would suffice, if a direction is issued to the first respondent to dispose of
the representation of the petitioner.
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W.P.(MD)No.7962 of 2021
7.In the light of the abovesaid submissions made by the learned counsels,
this Court without going into the merits of the matter, directs the first respondent
to pass orders on the representation of the petitioner, dated 25.03.2021, purely on
merits and in accordance with law, within a period of twelve weeks from the date
of receipt of a copy of this order.
8.Accordingly, this Writ Petition is disposed of. No costs.
[M.K.K.S., J.] [G.I., J.]
09.06.2021
Index : Yes / No
Internet : Yes / No
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 Principal Secretary to Government of Tamil Nadu,
Home (Prison-IV) Department,
Secretariat,
St. George Fort,
Chennai – 9.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.7962 of 2021
K.KALYANASUNDARAM, J.
and
G.ILANGOVAN, J.
smn2
2.The Additional Director General of Police/
Inspector General of Prisons,
C.M.D.A. Towers II,
No.1, Gandhi Irvin Road,
Egmore,
Chennai – 8.
3.The Deputy Inspector General of Prison,
Office of the Deputy Inspector General of Prison,
Madurai Division,
Madurai Central Prison Campus,
Madurai – 16.
4.The Superintendent of Prison,
Madurai Central Prison,
Madurai District.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
W.P.(MD)No.7962 of 2021
09.06.2021
https://www.mhc.tn.gov.in/judis/
