Madras High Court
S.Kumar @ Pushpakumar vs State Of Tamil Nadu on 20 January, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.20447 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P(MD)No.20447 of 2024
S.Kumar @ Pushpakumar ... Petitioner
Vs.
1.State of Tamil Nadu,
The Principal Secretary to Government,
Home (Prison IV) Department,
Secretariat, St. George Fort,
Chennai.
2.The Additional Chief Secretary to the Government,
O/o.The Additional Chief Secretary to the Government,
Home (Prison IV) Department, Secretariat,
St. George Fort, Chennai.
3.The Additional Director General of Police /
Inspector General of Prison,
No.1 Gandhi Irwin Salai,
Egmore, Chennai - 600 008.
4.The Superintendent of Prison,
Trichirapalli Central Prison,
Trichirapalli. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus,
1/6
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W.P(MD)No.20447 of 2024
calling for the records pertaining to the impugned Government order in
G.O.(D) No.544 dated 30.04.2024 issued by the 1st respondent and
quash the same and consequentially direct the respondents to release the
petitioner who is a life convict (Convict Prisoner No.18646) confined at
Central Prison, Trichy in pursuant to the Judgement passed in S.C.No.87
of 2010 on the file of the Additional District Judge Mahila Court,
Pudukottai dated 19.11.2010.
For Petitioner : Mr.V.Selvakumar
For Respondents : Mr.T.Senthil Kumar,
Addl. Public Prosecutor.
ORDER
(Order of the court was delivered by G.R.Swaminathan, J.)
Heard both sides.
2.The petitioner was convicted and sentenced vide judgment dated
19.11.2010 in S.C.No.87 of 2010 on the file of the Additional District
Judge, Mahila Court, Pudukkottai. Aggrieved by the same, the petitioner
filed Crl.A.(MD)No.258 of 2013. It was dismissed on 13.09.2017. The
petitioner applied for premature release by invoking G.O.(Ms)No.488
Home (Prison – IV) Department, dated 15.11.2021. The petitioner's case
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was recommended by the State Level Committee. The cabinet also
endorsed the said recommendation. But the Head of the State took a
dissenting view. As a result, the impugned G.O.(D)No.544 Home (Prison
– IV) Department, dated 30.04.2024 came to be passed. Challenging the
same this writ petition came to be filed.
3.The case on hand is covered by the decision of the Hon'ble
Supreme Court reported in (2023) 8 SCC 257 (A.G.Perarivalan v. State
through Superintendent of Police, CBI/SIT/MMDA, Chennai and
decision of this Court rendered in W.P.No.14908 of 2024 dated
17.10.2024 (Veera Bharathi Vs. State).
4.The petitioner had admittedly completed ten years of actual
imprisonment as on 15.09.2021. He also fulfils all the other conditions
set out in G.O.(Ms)No.488 dated 15.11.2021. Therefore, the Head of the
State ought not to have taken a contra view. Recommendation of the
Council of Ministers was clearly binding on him. In this view of the
matter, the impugned G.O. is set aside. The first respondent /
Government is directed to recirculate the files and thereafter take a fresh
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decision afresh and issue orders on merits and in accordance with law as
expeditiously as possible.
5.This writ petition is allowed accordingly. No costs.
(G.R.S. J.,) & (R.P. J.,)
20.01.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:-
1.The Principal Secretary to Government,
Home (Prison IV) Department,
Secretariat, St. George Fort,
Chennai.
2.The Additional Chief Secretary to the Government,
O/o.The Additional Chief Secretary to the Government,
Home (Prison IV) Department, Secretariat,
St. George Fort, Chennai.
3.The Additional Director General of Police /
Inspector General of Prison,
No.1 Gandhi Irwin Salai,
Egmore, Chennai - 600 008.
4.The Superintendent of Prison,
Trichirapalli Central Prison,
Trichirapalli.
https://www.mhc.tn.gov.in/judis
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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G.R.SWAMINATHAN, J.
and
R.POORNIMA, J.
ias
20.01.2025
https://www.mhc.tn.gov.in/judis
