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Madras High CourtWP/32050/2023disposed of

P.Shanthi v. The Government Of Tamilnadu

2023-11-15Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2023 CORAM :

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN P.Shanthi

...Petitioner

vs.

1. The Government of Tamil Nadu, Rep. by its Secretary to Government, Home (Prison IV) Department, Fort St. George, Chennai - 600 009.

2. The Additional Director General of Police, Thalamuthu Natarajan Maaligai, II Floor, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Commissioner of Police, O/o. The Commissioner of Police, Veppery, Chennai - 600007.

4. The Probation Officer, Tamilnadu Prison Department, Whannels Road, Egmore, Chennai - 600008.

5.The Superintendent of Prison Cenntral Prison-I (Convict) Puzhal, Chennai - 600 066.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to grant premature release to petitioner's brother / detenue namely S.Saravanan, son of Subramani is convict prisoner at Central Prison-I, Puzhal, Chennai - 600 066 on the basis of her representation dated 26.10.2023.

For Petitioner ::

Mr.S.Venkatesan for Mr.Arunkumar 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 grant premature release to petitioner's brother / detenue namely S.Saravanan, son of Subramani, a convict prisoner at Central Prison-I, Puzhal, Chennai - 600 066 on the basis of her representation dated 26.10.2023.

2. The learned counsel for the petitioner states that the petitioner would be satisfied if the respondents are directed to consider the representation of the petitioner dated 26.10.2023 on merits and in accordance with law, within a time stipulated by this Court.

3. 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 26.10.2023, 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.) 15.11.2023 Index:Yes/No ars

To

1. The Secretary to Government, Home (Prison IV) Department, Fort St. George, Chennai - 600 009.

2. The Additional Director General of Police, Thalamuthu Natarajan Maaligai, II Floor, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Commissioner of Police, O/o. The Commissioner of Police, Veppery, Chennai - 600007.

4. The Probation Officer, Tamilnadu Prison Department, Whannels Road, Egmore, Chennai - 600008.

5.The Superintendent of Prison Cenntral Prison-I (Convict) Puzhal, Chennai - 600 066.

S.S.SUNDAR,J.

AND SUNDER MOHAN,J.

ars 15.11.2023