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Madras High CourtWP/32878/2023disposed of

Salma Mahajabeen v. The State Rep By Its

2024-07-16Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH THE HONOURABLE MR. JUSTICE SUNDER MOHAN Salma Mahajabeen ... Petitioner Vs.

The State represented by its 1.The Secretary to Government of Tamilnadu Home Department Fort St. George Chennai-600 009 2.The Superintendent Central Prison Coimbatore ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to release the detenu, Mohamed Ali, S/o.Khaja Moideen, aged about 50 years, Ct.No.10727, confined at Central Prison, Coimbatore, prematurely as per the G.O.(Ms.) No.1155 dated 11.09.2008, G.O.(Ms).No.64 dated 01.02.2018, G.O.(Ms).No.488 dated 15.11.2021.

For Petitioner : Dr.S.Manoharan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

SUNDER MOHAN , J.

The limited prayer sought for in the present writ petition is to consider the representation of the petitioner dated 14.10.2023 and to release the detenu, Mohamed Ali, S/o.Khaja Moideen, aged about 50 years, Ct.No.10727, confined at Central Prison, Coimbatore, prematurely as per the G.O.(Ms.) No.1155 dated 11.09.2008, G.O.(Ms).No.64 dated 01.02.2018, G.O.(Ms).No.488 dated 15.11.2021, wherein the petitioner has sought for premature release of her husband.

2. In the counter affidavit filed by the respondents, it is stated that the case of the life convict for a pre-mature release is under consideration in G.O.(Ms) No.430, Home (Prison-IV) Department, dated 11.08.2023 and that they are awaiting notification of the Tamil Nadu Prison Rules, 1983.

3. In view of the limited prayer sought for, there shall be a direction to the 1st respondent to consider the petitioner's representation dated 14.10.2023 and pass final orders within a period of four (4) weeks from the date of receipt of a copy of this order.

4.This writ petition stands disposed of accordingly. [M.S.R., J] [S.M., J] 16.07.2024 (2/2) kas Index: Yes/No To 1.The Secretary to Government of Tamilnadu Department of Home (Prison IV) Fort St. George, Chennai-600 009.

2.The Superintendent Central Prison Coimbatore 3.The Public Prosecutor, High Court of Madras, Chennai 600 104

M.S.RAMESH, J.

SUNDER MOHAN , J.

kas 16.07.2024 (2/2)