B.Manikandan v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.10.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Mr.B.Manikandan

...Petitioner/Husband of the Convict

vs.

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

2. The Director General of Prison, Director General of Prisons and Correctional Services, Whannels road, Egmore, Chennai - 600 008.

3. The Deputy Inspector General of Prison, Office of DIG, Chennai range, Egmore, Chennai - 600 008.

4. The Superintendent of Prison, Special Prison of Women, Central Prison, Puzhal - III, Thiruvallur - 600 066.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated on 08.12.2022 within time limit and consequently direct the respondents to release the wife of the petitioner/convict prisoner namely Mrs.Poovarasi W/o. B.Manikandan (CT No.355) who is confining at Special Prison for Women at Puzhal who is 4th respondent herein.

For Petitioner :: Mr.M.Mohamed Saifulla For Respondents :: Mr.Raj Thilak Additional Public Prosecutor

O R D E R

(Order of the Court was made by SUNDER MOHAN, J.) This Writ Petition is filed to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 08.12.2022.

2. It is now reported that the representation of the petitioner is considered and rejected by the Principal Secretary to Government, Home (Prison - IV) Department in G.O(D) No.1165 dated 06.10.2023.

3. In view of the above, this Writ Petition is dismissed. However, liberty is granted to the petitioner to challenge the rejection order in accordance with law.

(S.S.S.R., J.) (S.M., J.) Index : yes / no ars/dk Copy to:-

1. The Home Secretary, Home (Prison - IV) Department, Fort St.George, Chennai - 600 009.

2. The Director General of Prison, Director General of Prisons and Correctional Services, Whannels road, Egmore, Chennai - 600 008.

3. The Deputy Inspector General of Prison, Office of DIG, Chennai range, Egmore, Chennai - 600 008.

4. The Superintendent of Prison, Special Prison of Women, Central Prison, Puzhal - III, Thiruvallur - 600 066.

S.S. SUNDAR, J.

AND SUNDER MOHAN, J.

dk/ars 13.10.2023