M.Amutha v. State Of Tamilnadu Rep By Secretary Home Prohibition And Excisedepartment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR M.Amutha ... Petitioner Vs.
1.State of Tamilnadu Rep. by the Secretary Home (Prohibition and Excise Department) Secretariat Chennai-600 009 2.The Deputy Inspector of Prison O.o. The Deputy Inspector General of Prison and Correctional Services Madurai Range, Madurai Central Prison Campus New Jail Road, Madurai 3.The Superintendent of Prison O/o. The Superintendent of Prison Central Prison Madurai
4.The Superintendent of Police O/o. The Superintendent of Police Sivagangai District 5.The Inspector of Police SRMC Police Station Chennai (Crime No.440 of 2004) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 1st respondent herein to pre release the petitioner's brother M.A.Kannan (Convict No.6357, PI D No.24624), Son of late Athinamilagi, aged about 40 years, detained at Central Prison, Madurai, on the basis of the petitioner's representations dated 18.02.2025 and 25.03.2025 and dispose of within the time frame that may be fixed by this Court. For Petitioner : Mr.G.Pavendhan For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
The petitioner herein, who is the sister of the life convict, has come forward with this Writ Petition to consider her brother's case for
premature release, who was sentenced for life imprisonment and confined at the Central Prison, Puzhal - I, Chennai for nearly 14 years and thereafter he was transferred from Central Prison, Puzhal - I, Chennai to Central Prison, Madurai.
2. The petitioner states that she is the sister of the life convict, her brother is convicted with a life sentence by the learned Principal District Judge, Thiruvallur, in S.C.No.49 of 2006 on 22.11.2007 as he was found guilty of the offence U/s.498(A), 302 IPC and sentenced him to undergo life imprisonment. This Court had confirmed the same vide Crl.A.No.1083 of 2007 and the SLP No.23738 of 2009 before the Hon'ble Supreme Court was also dismissed on 06.01.2010. Since the Tamil Nadu Government has passed G.O.Ms.No.12 of 2025 dated 10.01.2025 for premature release and the petitioner's brother has also completed 16 years of his actual imprisonment, a representation was sent to the respondents on 18.02.2025 through RPAD. The said representation was not considered till date, hence, the petitioner 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. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
5. In view of the above observation, 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 dated 18.02.2025, seeking for grant of premature release to her brother, the convict prisoner, if not already disposed of and pass appropriate orders
on merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order and communicate the same to the petitioner.
6. With the above direction, this Writ Petition stands disposed of. No costs.
[M.S.R, J.] [N.S, J.] 21.04.2025 kas Index: Yes/No To 1.The Secretary Home (Prohibition and Excise Department) Secretariat Chennai-600 009 2.The Deputy Inspector of Prison O.o. The Deputy Inspector General of Prison and Correctional Services Madurai Range, Madurai Central Prison Campus New Jail Road, Madurai 3.The Superintendent of Prison O/o. The Superintendent of Prison Central Prison Madurai
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
kas 4.The Superintendent of Police O/o. The Superintendent of Police Sivagangai District 5.The Inspector of Police SRMC Police Station Chennai (Crime No.440 of 2004) 6.The Public Prosecutor High Court of Madras Chennai 600 104 21.04.2025