Madras High Court
Mani vs The State Of Tamil Nadu on 12 June, 2023
W.P.( MD) No.3040 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.P. (MD) No.3040 of 2023
Mani ... Petitioner
Vs.
1. The State of Tamil Nadu,
Rep. by the Additional Chief Secretary to Government,
Home (Prison - IV) Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Additional Director General of Police,
Inspector General of Prison,
No. 1, Gandhi Irwin Salai,
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 petitioner's representation dated 30.01.2023 of
the petitioner's son namely Kumar, S/o. Mani, C.P.No. 4975, being eligible
1/6
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W.P.( MD) No.3040 of 2023
for premature release by G.O.(Ms).No. 64, Home (Prison IV) department
dated 01.02.2018.
For Petitioner : Ms.S.Prabha
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.)
The prayer sought for herein is for a Writ of Mandamus to
consider the petitioner's representation dated 30.01.2023, made on behalf of
his son, namely, Kumar, S/o. Mani, C.P.No. 4975, for premature release in
the light of G.O.(Ms).No. 64, Home (Prison IV) department, dated
01.02.2018.
2. In S.C.No.190 of 2007, on the file of Principal District Judge,
Virudhunagar at Srivilliputhur, a life imprisonment has been inflicted
against Kumar S/o. Mani, by judgment dated 29.07.2009. The said judgment
was appealed in Criminal Appeal (MD) No.439 of 2010 and the same was
dismissed on 03.08.2012. Therefore, the convict has been in jail since then,
hence, according to the petitioner, he is entitled to premature release by
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W.P.( MD) No.3040 of 2023
extending the benefit of G.O.Ms.No.64 Home (Prison IV) Department dated
01.02.2018.
3. Therefore, in order to consider the said plea made by the
petitioner made on behalf of the detenu, the petitioner had given a
representation to the respondents on 30.01.2023 and the same since has
been pending with them for consideration, seeking a direction by way of a
Mandamus to consider the said representation on merits, this Writ petition
has been filed.
4. Heard Ms.S.Prabha, learned counsel appearing for the petitioner
and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing
for the respondents.
5. Since the representation submitted by the petitioner dated
30.01.2023 has been kept pending by the respondents for the past more
than four months, we feel that, a direction can be given to the respondents to
consider the said representation and pass necessary orders thereon on merits
and in accordance with law within a time frame.
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W.P.( MD) No.3040 of 2023
6. In that view of the matter, this Court is inclined to dispose of
this Writ Petition with the following directions:-
There shall be a direction to the first respondent to consider the
representation of the petitioner dated 30.01.2023 and pass necessary orders
thereon on merits and in accordance with law within a period of 12 weeks
from the date of receipt of a copy of this order.
7. With this direction, this Writ Petition stands disposed of.
However, there shall be no order as to costs.
(R.S.K., J.) & (K.K.R.K, J.)
12.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
SJ
To
1. The Additional Chief Secretary to Government,
Home (Prison - IV) Department,
State of Tamil Nadu,
Secretariat, Fort St. George,
Chennai – 600 009.
https://www.mhc.tn.gov.in/judis
W.P.( MD) No.3040 of 2023
2.The Additional Director General of Police,
Inspector General of Prison,
No. 1, Gandhi Irwin Salai,
Egmore,
Chennai – 600 008.
3. The Superintendent of Prison,
Madurai Central Prison,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P.( MD) No.3040 of 2023
R.SURESH KUMAR, J.
AND
K.K.RAMAKRISHNAN, J.
SJ
W.P. (MD) No.3040 of 2023
12.06.2023
https://www.mhc.tn.gov.in/judis
