Shanmugam v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2021 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MS. JUSTICE R.N.MANJULA Writ Petition No.12666 of 2021 Shanmugam S/o.Chinna Karuppan .. Petitioner Vs.

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

2. The Additional Director General of Police & Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prisons, Central Prison, Coimbatore.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 07.09.2020 for premature release and release the petitioner immediately under G.O.Ms.No.64, Home (Prison-IV) Department dated 01.02.2018.

For Petitioner :

Mr.P.Pugalenthi For Respondents:

Mr.Hasan Mohamed Jinnah State Public Prosecutor assisted by Mr.R.Muniyapparaj, Government Advocate [crl.side]

ORDER

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the respondents to consider the representation of the petitioner dated 07.09.2020 for premature release in terms of G.O.Ms.No.64, Home (Prison-IV) Department dated 01.02.2018.

2. It is the case of the petitioner that he is a convict prisoner (CT No.1138) and he is undergoing sentence in Central Prison, Coimbatore. It is his further case that he has given a representation dated 07.09.2020 seeking premature release in terms of G.O.Ms.No.64, Home (Prison-IV) Department dated 01.02.2018, which has not been considered by the Government so far.

3. Learned Public Prosecutor appearing for the State submits that the representation of the petitioner dated 07.09.2020 has been forwarded to the Government.

4. In such view of the matter, we direct the first respondent to dispose of the representation of the petitioner dated 07.09.2020 in accordance with law within a period of three months from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar gm To

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

2. The Additional Director General of Police & Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prisons, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court, Madras.

Writ Petition No.12666 of 2021 LN(CO) SU(23/09/2021)