C.Murugesan v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN C.Murugesan ... Petitioner Vs.

1. The Principal Secretary, Home (Prison) Department, Secretariat, St. George Fort, Chennai 600 009.

2. The Director General of Prison and Correctional Services, Tamil Nadu Prison Department, No.6, Whennals Road, Egmore, Chennai 600 008.

3. The Deputy Inspector of General Prison & CS, Office of DIG Prisons & CS, Vellore Range, Vellore - 632 002.

4. The Superintendent of Prison, Special Prison for Women, Vellore- 632 002.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing respondents herein to take immediate steps to assess all the facts in the petitioner's mother Chinnammal's case, who is undergoing her sentence more than 14 years in Special Prison for Women at Vellore and consider her case for premature release as per the G.O.Ms.No.64, Home (Prison-IV) Department, dated on 01.02.2018 either by the above mentioned government order or by placing her case for consideration by constituting Advisory Board for recommendation of her release on humanitarian grounds, within the time stipulated by this Court.

For Petitioner :

Ms.D.Geetha For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) The petitioner herein seeks for a direction to release his mother C.Chinnammal w/o late Chinnasamy FCP.No.2618. In connection with such request, he made a representation dated 25.10.2023 to the respondents and

in view of the fact that his representation was not considered, the present Writ Petition has been filed.

2. The learned Additional Public Prosecutor on instructions submitted that the case of the petitioner's mother C.Chinnammal is under consideration.

3. In view of the above submissions, we direct the respondents to consider the representation of the petitioner, dated 25.10.2023 for premature release of his mother and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner. 4.With the above direction, this writ petition is disposed of. No costs. [M.S.R., J] [S.M., J] 09.01.2024 pvs Internet : Yes Index : Yes / No

To

1. The Principal Secretary, Home (Prison) Department, Secretariat, St. George Fort, Chennai 600 009.

2. The Director General of Prison and Correctional Services, Tamil Nadu Prison Department, No.6, Whennals Road, Egmore, Chennai 600 008.

3. The Deputy Inspector of General Prison & CS, Office of DIG Prisons & CS, Vellore Range, Vellore - 632 002.

4. The Superintendent of Prison, Special Prison for Women, Vellore- 632 002.

5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH , J.

and SUNDER MOHAN, J.

pvs 09.01.2024