Banu v. The State Represented By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Banu .. Petitioner Vs 1.The State represented by its Home Secretary (Prison - IV), Home Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Director General of Prisons, Gandhi Irwin Road, CMDA Building, 2nd Tower, Egmore, Chennai - 600 008.
3.The Superintendent of Prison, Central Prison at Palayamkottai, Tirunelveli District 627 002.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 04.11.2022 within time limit in the light of direction given by this Court in The Home Secretary vs A.Palaniswamy @ Palaniappan reported in 2021-2-L.W Page Nos.1/9
(Crl) 118 and consequently direct the respondents to release the convict prisoner / son of the petitioner namely E.Peter, S/o. Iruthayaraj (CT No.3937) who is confined at Central Prison, Palayamkottai, 3rd respondent herein.
For Petitioner :
Mr.M.Mohamed Saifulla For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Though captioned matter has been listed under the cause list caption 'FOR REPORTING COMPLIANCE', it is clear from the case file that the captioned writ petition has not been disposed of. However, it is not necessary to dilate much on this aspect of the matter. It will suffice to say that the captioned matter pertains premature release of a convict prisoner i.e., lifer E.Peter, S/o. Iruthayaraj (CT No.3937), who is lodged in Central Prison, Palayamkottai.
2.
This order will now dispose of the captioned writ petition. This order has to be read in conjunction with and in continuation of Page Nos.2/9
earlier proceedings made in the previous listing on 07.03.2023 and a scanned reproduction of the same is as follows: Page Nos.3/9
3.
Adverting to the earlier proceedings, Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel, submits that the premature release plea has since been acceded to vide G.O.Ms.No.130 Home (Prison-IV) Department dated 20.03.2023. Learned State Additional Public Prosecutor has placed before us a copy of this 20.03.2023 order and a scanned reproduction of the same is as follows: Page Nos.4/9
Page Nos.5/9
Page Nos.6/9
4.
The narrative thus far makes it clear that the plea of Page Nos.7/9
premature release has been acceded to i.e., answered in the affirmative. This drops the curtains qua captioned writ petition. 5.
Captioned writ petition is disposed of as closed recording the aforementioned obtaining position.
(M.S.,J.) (M.N.K.,J.) 28.03.2023 Index : Yes / No mmi To 1.The Home Secretary (Prison - IV), Home Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Director General of Prisons, Gandhi Irwin Road, CMDA Building, 2nd Tower, Egmore, Chennai - 600 008.
3.The Superintendent of Prison, Central Prison at Palayamkottai, Tirunelveli District 627 002.
4.The Public Prosecutor, High Court, Madras.
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M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 28.03.2023 Page Nos.9/9