K.Aruna Kumari v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.12.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P.NO.4578 OF 2021 K.Aruna Kumari .. Petitioner Vs.

1. The State of Tamil Nadu Rep. by the Principal 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 Prisons Central Prison, Vellore-2

4. The Superintendent of Prisons Central Prison Kadapa, Andhra Pradesh .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to consider the representation dated 29.07.2019 made by the petitioner for premature release of her husband under the G.O.Ms.No.64 Home (Prison-IV) Department dated 01.02.2018 within a reasonable period.

For Petitioner : Ms.S.Nadhiya For Respondents : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] The petitioner is seeking premature release of her husband viz., Sahadeva Reddy (life convict prisoner No.13991), who was convicted and sentenced in the State of Tamil Nadu, now undergoing the sentence in the Central Prison, Kadapa, under G.O.Ms.No.64 Home (Prison-IV) Department dated 01.02.2018. In this regard, the petitioner has sent a representation dated 29.07.2019 to the Government, in which no order has been passed and hence, the instant writ petition seeking the aforesaid relief.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor took us to the counter affidavit dated 30.11.2021, which has been filed by the 1st respondent, wherein, in paragraph No.6, it is stated as follows : "6. ... ... In the instant case, the case of the petitioner's husband/life convict prisoner No.2429, Sahadeva Reddy, S/o.Venkata Reddy, is still under consideration and no orders were issued by the 1st respondent in this regard. ... ... "

3. A reading of the above shows that the petitioner's representation is under consideration by the Government and therefore, we direct the 1st respondent to dispose of the representation within a period of eight weeks from the date of receipt of a copy of this order.

With the above direction, this writ petition stands closed. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar gya To

1. The Principal 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 Prisons, Central Prison, Vellore-2.

4. The Superintendent of Prisons, Central Prison, Kadapa, Andhra Pradesh.

5. The Public Prosecutor, Madras High Court, Chennai - 600 104.

W.P.No.4578 of 2021 KG(CO) RLP(23/12/2021)