Madras High CourtWP/12799/2023disposed of

M.Shamsath v. State Of Tamil Nadu

2023-10-16Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2023

CORAM

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN M.Shamsath ..

Petitioner Vs

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

2. The Director General of Police & I.G. of Prisons, Gandhi Irwin Road, Egmore, Chennai 600 008.

3. The Superintendent of Prison, Central Prison-1, Puzhal, Chennai 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 representation of the petitioner dated 05.04.2023 and release

the petitioner's husband namely Munavar Basha S/o. Mehabub Basha, aged 43 years, convict prisoner, Ct.No.7979, Central Prison-1, Puzhal, Chennai66 on medical grounds. For Petitioner :

Ms.S.Nadhiya For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

[Order of the Court was made by S.S.SUNDAR,J.] This Writ Petition is filed for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 05.04.2023.

2. Heard the learned counsels appearing on either side and perused the materials available on record.

3. Considering the limited scope of the prayer that is sought before this Court in the Writ Petition, this Court without expressing any opinion on the merits of the case, directs the first respondent to consider the

representation of the petitioner dated 05.04.2023 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order and convey the said decision to the petitioner.

4. With the above direction, the Writ Petition is disposed of. No costs.

5. Post the mater for reporting compliance on 04.12.2023. [SSSRJ] [SMJ] 16.10.2023 pvs Internet : Yes To

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

2. The Director General of Police & I.G. of Prisons, Gandhi Irwin Road, Egmore, Chennai 600 008.

3. The Superintendent of Prison, Central Prison-1, Puzhal, Chennai 600 066.

4. The Public Prosecutor High Court, Madras.

S.S.SUNDAR,J.

AND SUNDER MOHAN,J.

pvs 16.10.2023