Petchi Ammal v. The State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.Crl.No.956 of 2025 and W.P.M.P.Crl.No.450 of 2025 Mrs.Petchi Ammal ... Petitioner -vs1. The State of Tamil Nadu, Rep. by its Principal Secretary, Home (Prison-IV) Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Additional Director General of Police / Inspector General of Prisons, CMDA Towers-II, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

3. The Superintendent of Prison, Central Prison, Cuddalore-607 001.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 15.07.2025 for premature release of the husband of the petitioner in the light of G.O.(Ms) No.430 and prior High Court orders.

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For Petitioner : Mr.S.Lal Devasagayam For Respondents : Mr.A.Gokulakrishnan Addl. Public Prosecutor *****

O R D E R

(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the respondents to consider the representation of the petitioner dated 15.07.2025 for premature release of her husband in the light of G.O.(Ms) No.430 and prior High Court orders.

2. The case of the petitioner is that her husband, a Life Convict, namely, C.Thamotharan has been undergoing incarceration for more than 23 years and a Government Order in G.O.(Ms) No.430, Home (Prison-IV) dated 11.08.2023 has been issued in respect of release of Convicts prematurely. Based on the same, her daughter submitted a representation on earlier occasion on 24.10.2023 for his premature release, which was rejected on 31.10.2023. It is further case of the petitioner that despite Court's order for consideration of the release, no decision has been taken till now. In the meanwhile, the petitioner's husband suffered cardiac attack and admitted in the Stanley Medical College and Hospital, Chennai and thereafter, he was taken to Devaki Hospital, Madurai, where he was advised to undergo bypass 2/4

surgery. The petitioner submitted a representation dated 15.07.2025 to the respondents for premature release, the same has not yet been considered. Hence, the petitioner is before this Court.

3. Learned Additional Public Prosecutor states that three months' time may be granted to the respondents to take a decision, as the representation of the petitioner has to be forwarded to the Government for necessary orders.

4. Considering the facts and circumstances of the case, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider the representation dated 15.07.2025 of the petitioner and take a suitable decision thereon in accordance with law, within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. (J.N.B.J.,) (S.S,J.,) 26.09.2025 Index: Yes / No Internet: Yes / No ar J.NISHA BANU, J.

AND S.SOUNTHAR , J.

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To:

1. The Principal Secretary, State of Tamil Nadu, Home (Prison-IV) Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Additional Director General of Police / Inspector General of Prisons, CMDA Towers-II, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

3. The Superintendent of Prison, Central Prison, Cuddalore-607 001

4. The Public Prosecutor, High Court, Madras.

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