A.Ganga @ Gangathar @ Gangatharan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2023 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN A.Ganga @ Gangathar @ Gangatharan
...Petitioner
vs.
1. The State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2. The Director General of Police/ Inspector General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai - 600 008.
3. The Superintendent of Prison, Central Prison, Vellore-2.
4. The Inspector of Police, Denkanikottai Police Station,
Denkanikottai, Krishnagiri District.
...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 dated 17.04.2023 made by the petitioner for premature release of the petitioner under the scheme of 1994 policy for premature release of life convicts, within a reasonable period. For Petitioner ::
Mr.P.Pugalenthi For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.C.Aravind
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to consider the representation dated 17.04.2023 made by the petitioner for premature release of the petitioner under the scheme of 1994 policy for premature release of life convicts, within a reasonable period.
2. Though the learned counsel for the petitioner has raised several grounds, he confined his argument that the petitioner's representation dated
17.04.2023 to consider him for premature release, can be directed to be disposed of by the respondents, within the time stipulated by this Court.
3. Hence, having regard to the limited scope of the prayer that is now sought for by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's representation and the case pleaded in this writ petition, the 1st respondent is directed to consider the representation of the petitioner dated 17.04.2023, for the premature release, as the petitioner has completed 20 years sentence, and pass 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 communicate the decision taken thereon to the petitioner forthwith.
4. With the above direction, this Writ Petition stands disposed of. It is open to the petitioner to challenge, if any adverse orders is passed on the representation of the petitioner.
(S.S.S.R.,J.) (S.M.,J.)
13.12.2023 Index:Yes/No ars
S.S.SUNDAR,J.
AND SUNDER MOHAN,J.
ars To
1. The State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2. The Director General of Police/ Inspector General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai - 600 008.
3. The Superintendent of Prison, Central Prison, Vellore-2.
4. The Inspector of Police, Denkanikottai Police Station, Denkanikottai, Krishnagiri District.
5. The Public Prosecutor, High Court, Madras.
13.12.2023