Tmt.Veerammal v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and W.P.No.18138 of 2022 Veerammal W/o.Samikannu ..
Petitioner Vs.
1.
The State of Tamil Nadu Represented by its Secretary Department of Home Fort St.George Chennai-600 009.
2.
The Superintendent of Central Prison Trichy, Trichy District.
..
Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondents to produce Page Nos.1/20
the detenu Panneerselvam, son of Samikannu, aged 52 years, now confined at Central Prison, Trichirapalli and set him at liberty on premature release. W.P.No.18138 of 2022 Dr.S.Ramalingam S/o.Samikannu ..
Petitioner Vs.
1.
The State of Tamil Nadu Represented by its Secretary Department of Home, Prohibition and Excise Fort St.George Chennai-600 009.
2.
The Additional Director General of Police (Prisons) Tamil Nadu Prison Department C.M.D.A. Tower II No.1, Gandhi Irwin Road Egmore, Chennai-600 008.
3.
The District Collector Collectorate Buildings Tiruchirappalli.
4.
The Commissioner of Police Office of Commissioner of Police Subramaniapuram Tiruchirappalli.
5.
The Superintendent Central Prison Pudukottai Main Road Tiruchirapalli.
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6.
The Inspector of Police Edamalaipattipudur Police Station Tiruchirappalli.
..
Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents herein to release the petitioner's brother namely, Panneerselvam, aged 64 years, son of Samikannu, life convict prisoner No.87296 by considering G.O.(Ms.) No.64, Home (Prison IV) Department dated 01.02.2018 r/w Rules 632 of the Tamil Nadu Prison Rules, 1983 and set him at liberty. For Petitioner :
Mr.R.Sankarasubbu in H.C.P.No.550 of 2014 Mr.Godson Swaminathan of M/s.Isaac Chambers (Law Firm) in W.P.No.18138 of 2022 For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate in both HCP No.550 of 2014 and W.P.No.18138 of 2022 C O M M O N O R D E R [Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Habeas Corpus Petition' ['HCP' for the sake of convenience and clarity] and captioned 'Writ Petition' ['WP' for the sake of convenience and clarity]. Page Nos.3/20
2. Suffice to say that the captioned HCP pertains to leave for a life convict prisoner 'Panneerselvam, convict prisoner No.87926, now lodged at Central Prison, Trichirapalli' [hereinafter 'convict prisoner' for the sake of convenience and clarity] and WP pertains to premature release of the convict prisoner. To be noted, WP was originally filed as HCP No.2802 of 2018 in this Court and it was later converted as captioned WP.
3. Read this in conjunction with and in continuation of earlier proceedings made in the listings on 31.10.2022, 20.01.2023 and 20.03.2023 which read as follows:
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Proceedings made in listing on 31.10.2022:
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Proceedings made in listing on 20.01.2023:
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Proceedings made in listing on 20.03.2023:
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4. The above mentioned proceedings capture both crux and gravamen of the matter as well as the trajectory the matter has taken before us.
5. Today, Mr.R.Sankarasubbu, learned counsel on record for petitioner in HCP, Mr.Godson Swaminathan, learned counsel of M/s.Isaac Chambers (Law Firm) for petitioner in WP and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor, assisted by Mr.M.Sylvester John, learned counsel for all respondents in both HCP and WP are before us.
6. Learned counsel on record for petitioner in HCP and WP as well as learned Prosecutor submit in one voice that premature release plea qua Page Nos.13/20
convict prisoner has since been acceded to by the State vide G.O.(Ms)No.139 Home (Prison-IV) Department dated 24.03.2023 and a scanned reproduction of the same (as placed before us) is as follows: Page Nos.14/20
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7. Both sides further go on to submit that the above gives quietus to the matter and curtains can be dropped on both the captioned matters. Recording the aforesaid stated position of the parties and obtaining position as of today, captioned HCP and captioned WP are disposed of as closed. Consequently, connected miscellaneous petitions are closed, if any. There shall be no order as to costs.
(M.S.,J.) (M.N.K.,J.) 17.04.2023 Index : Yes Speaking mk Page Nos.18/20
To 1.
The State of Tamil Nadu Represented by its Secretary Department of Home Fort St.George Chennai-600 009.
2.
The Superintendent of Central Prison Trichy, Trichy District.
3.
The State of Tamil Nadu Represented by its Secretary Department of Home, Prohibition and Excise Fort St.George Chennai-600 009.
4.
The Additional Director General of Police (Prisons) Tamil Nadu Prison Department C.M.D.A. Tower II No.1, Gandhi Irwin Road Egmore, Chennai-600 008.
5.
The District Collector Collectorate Buildings Tiruchirappalli.
6.
The Commissioner of Police Office of Commissioner of Police Subramaniapuram Tiruchirappalli.
7.
The Superintendent Central Prison Pudukottai Main Road Tiruchirapalli.
8.
The Inspector of Police Edamalaipattipudur Police Station Tiruchirappalli.
9.
The Public Prosecutor High Court, Madras.
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M.SUNDAR, J., and M.NIRMAL KUMAR, J., and W.P.No.18138 of 2022 17.04.2023 Page Nos.20/20