K.Mottaiyan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2021 Coram The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM W.P.No. 5146 of 2021 and W.M.P.No. 5717 of 2021 K.Mottaiyan @ Perumal .. Petitioner Vs 1.The State of Tamil Nadu, Rep. by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Director General of Police & Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison, Coimbatore - 18.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to consider the representation of the petitioner dated 06.10.2020 and release the petitioner immediately under G.O.Ms.No.64, dated 01.02.2018 for premature release. For Petitioner :

Mr.P.Pugalenthi For Respondents :

Mr.R.Prathap Kumar, Addl.Public Prosecutor

ORDER

[Order of the Court was made by V.SIVAGNANAM, J.] Seeking a direction to the respondents to consider the representation of the petitioner dated 06.10.2020 and release the petitioner immediately under G.O.Ms.No.64, dated 01.02.2018 for premature release, the present writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

2.It is the case of the petitioner that he is entitled to premature release vide G.O.Ms.No.64 Home (Prison IV) Department dated 01.02.2018 and that he has given a representation to the authorities that he has completed more than ten years in prison. 3.Today, Mr.Ayyappan, Head Warder, Central Prison, Coimbatore is present.

4.On instructions, learned Additional Public Prosecutor submitted that the representation given by the petitioner has been forwarded for consideration by the Superintendent of Prison, Central Prison, Coimbatore, to the Director General of Prisons, Chennai on 17.10.2020 and the same is under consideration.

5.In view of the above, we direct respondents 1 and 2 to dispose of the representation given by the petitioner within a period of twelve 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Director General of Police & Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008. 3.The Superintendent of Prison, Central Prison, Coimbatore - 18.

4.The Public Prosecutor, High Court, Madras.

akm/28.04.21 /2P-5C/ W.P.No. 5146 of 2021 02.03.2021 https://hcservices.ecourts.gov.in/hcservices/