Palani v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2024 CORAM :

THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Mr.Palani

...Petitioner

vs.

1.The State represented by its, The Chief Home Secretary, Prison Division - IV, Home Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Deputy Inspector General of Prisons, Madurai Range, Madurai - 625 001.

3. The Superintendent of Prison, Central Prison at Palayamkottai, Tirunelveli District - 627 002.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to consider and pass an order based on the petitioner's representation dated 16.10.2023 within time limit and consequently direct the respondents to release the petitioner namely Mr.Palani S/o. Sankara Pandi Thevar who is confining at third respondent herein.

For Petitioner ::

Mr.M.Mohamed Saifulla For Respondents ::

Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.C.Aravind

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner, who is the life convict namely Mr.Palani S/o.Sankara Pandi Thevar, confined in Central Prison, Palayamkottai, Tirunelveli District, has come forward with this writ petition to direct the respondents to consider his representation dated 16.10.2023 for premature release.

2. The petitioner states that he has completed 20 years of sentence and many life convicts have been released pursuance to issuance of

G.O.(Ms.) No.488 Home (Prison-IV) Department dated 15.11.2021 in connection with 113rd Birthday of Aringnar Anna. Therefore, he had sent a representation to the respondents on 16.10.2023. Since the same has not been considered till date, he has come forward with this writ petition. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 4.Having regard to the limited scope of the prayer in the writ petition, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this writ petition, directs the respondents to consider the representation of the petitioner namely Mr.Palani S/o.Sankara Pandi Thevar, confined now in Central Prison, Palayamkottai, Tirunelveli District, dated 16.10.2023 for premature release and pass appropriate orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner.

5.With the above direction, this writ petition is disposed of. No Costs.

(M.S.R.,J.) (S.M.,J.) 21.02.2024 dk Index : Yes / No Copy to:- 1.The Chief Home Secretary, Prison Division - IV, Home Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Deputy Inspector General of Prisons, Madurai Range, Madurai - 625 001.

3. The Superintendent of Prison, Central Prison at Palayamkottai, Tirunelveli District - 627 002.

4.The Public Prosecutor, High Court of Madras, Chennai.

M.S.RAMESH,J.

AND SUNDER MOHAN,J.

dk 21.02.2024