Kathariyammal v. The State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.05.2024
CORAM
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE P.B.BALAJI Kathariyammal ....
Petitioner Vs 1.The State represented by its Home Secretary (Prison-IV) Home Department, Secretariat Fort St.George, Chennai 600 009.
2.The Director General of Prisons Gandhi Irwin Road, CMDA Building 2nd Tower, Egmore, Chennai 600 008.
3.The Superintendent of Prison Central Prison at Vellore, Thorapadi Vellore-2.
....
Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 03.05.2024 within the time limit and consequently direct the respondents to release the petitioner's Son viz., Mr.Kulanthaiyesu, S/o Royappan who is confining at 3rd respondent herein.
For Petitioner :
Mr.M.Mohamed Saifulla For Respondents :
Mr.A.Damodaran Additional Public Prosecutor
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.
2. The petitioner's son viz., Kulanthaiyesu is undergoing life imprisonment. He has been under incarceration for more than 21 years. The petitioner had given a representation dated 20.05.2024 calling upon the first respondent to prematurely release the convict.
4. Considering the facts and circumstances of the case, the first respondent is directed to consider the representation dated 20.05.2024 submitted by the petitioner on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order. We make it clear that we have not gone into the merits of the matter. The writ petition is disposed of accordingly. No costs. (G.R.S., J.) (P.B.B.,J.) 23.05.2024 Index : Yes/No KST
To 1.The Home Secretary (Prison-IV) Home Department, Secretariat Fort St.George, Chennai 600 009.
2.The Director General of Prisons Gandhi Irwin Road, CMDA Building 2nd Tower, Egmore, Chennai 600 008.
3.The Superintendent of Prison Central Prison at Vellore, Thorapadi Vellore-2.
G.R.SWAMINATHAN, J.
AND P.B.BALAJI, J.
KST 23.05.2024