Madras High CourtWP/3145/2025closed

M.Somu Alias Somasundaram v. The State Of Tamilnadu

2025-02-24Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice N.Senthilkumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR M.Somu @ Somasundaram ... Petitioner Vs.

1.The State of Tamil Nadu rep. by the Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009.

2.The Director General of Police / Director General of Prisons and Correctional Service Whannels Road Egmore, Chennai-600 008 3.The Superintendent of Prison Central Prison -1 Puzhal, Chennai 600 066 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to release the petitioner namely M.Somu @ Somasundaram, S/o.Muniyandi, aged 50 years, Ct.No.6317, now confined in the Central

Prison-1, Puzhal, Chennai 600 066, within a reasonable period. For Petitioner : Mr.P.Pugalenthi For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvestor John

ORDER

M.S.RAMESH, J.

N.SENTHILKUMAR , J.

The limited prayer sought for in the present writ petition is for issuance of writ of mandamus to consider the petitioner's representation dated 28.12.2024, wherein he has sought for premature release.

2. It is the contention of the petitioner that he has completed 17 years as a life convict. The 1st respondent, the State of Tamil Nadu, in exercise of its power under Article 161 of the Constitution vide its G.O.(Ms) No.430 Home (Prison-IV) Department Dt.11.08.2023 ordered release of more than 100 life convicts who had completed 14 years of actual imprisonment as on 15.09.2023. As on 15.09.2023, the petitioner has completed more than 14 years of actual imprisonment and he has not been considered by the respondents for premature release under the G.O.(Ms) No.430 Home (Prison-IV) Department dated 11.08.2023.

Hence, a representation was made to the respondents through respondent No.3, but the same was not considered by the respondents in accordance with law. Hence, the petitioner is before this Court.

3. In view of the limited prayer sought for, the 1st respondent /Government is now directed to pass final orders on the proposal within a stipulated time.

4. Accordingly, there shall be a direction to the 1st respondent to consider the petitioner's representation dated 28.12.2024 and pass final orders within a period of four (4) weeks from the date of receipt of a copy of this order.

5.This writ petition stands closed accordingly. No costs. [M.S.R, J.] [N.S, J.] 24.02.2025 kas Note:Issue order copy on .02.2025 M.S.RAMESH, J.

N.SENTHILKUMAR , J.

kas To

1.The Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009.