Saravanan v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2023 CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Saravanan ... Petitioner Vs.
1.The State rep.by its The Home Secretary Prison-IV Department, Fort St George Chennai 600 009.
2.The Director General of Prisons and Inspector General of Prisons Whannels Road, Egmore, Chennai 600 008.
3.The District Collector O/o.The District Collector Thiruvallur District 602 001.
4.The Superintendent of Prison Central Prison at Puzhal-I Thiruvallur District 600 066.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to prematurely release the petitioner Mr.Saravan, s/o.Jeyapaul, [Convict No.85] under Rule 341 of the Tamil Nadu Prison Rules, 1983 in pursuant of the representation dated 14.08.2023.
For Petitioner : Mr.M.Mohamed Saifulla For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
[Order of the Court was made by S.S.SUNDAR, J.,] (1)The present writ petition has been filed by the petitioner/detenu seeking a mandamus to direct the respondents to prematurely release him, Convict No.85, under Rule 341 of Tamil Nadu Prison Rules, 1983, in pursuance of representation submitted by the petitioner on 14.08.2023. (2)The learned Additional Public Prosecutor, who accepts notice on behalf of the respondents, submitted that the representation submitted by the petitioner dated 14.08.2023 would be considered and disposed of on merits within a period of six weeks.
(3)In the said circumstances, this Court is of the view that this writ petition can be disposed of by issuing a direction to the respondents to dispose of the representation.
(4)Thus, without expressing any opinion on the merits of the representation of the petitioner dated 14.08.2023 or the petitioner's contention in the writ petition, the respondents are directed to consider the representation/request of the petitioner dated 18.07.2023 seeking his premature release, in accordance with law and on merits within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner herein. (5)The writ petition stands disposed of.
[S.S.S.R., J.] [S.M, J.] 31.10.2023 AP Internet : Yes
To 1.The Home Secretary Prison-IV Department, Fort St George Chennai 600 009.
2.The Director General of Prisons and Inspector General of Prisons Whannels Road, Egmore, Chennai 600 008.
3.The District Collector O/o.The District Collector Thiruvallur District 602 001.
4.The Superintendent of Prison Central Prison at Puzhal-I Thiruvallur District 600 066.
5.The Public Prosecutor, High Court, Madras.
S.S. SUNDAR, J., and SUNDER MOHAN, J., AP W.P. No.30615/2023 31.10.2023