Chellammal v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP.No.37809 of 2024 Mrs.Chellammal ... Petitioner Vs.

The State rep by its The Additional Chief Secretary to Government Home (Prison- IVA) Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Prisons Gandhi Irwin Road, CMDA Building 2nd Tower, Egmore, Chennai - 600 008.

3.The Superintendent of Prisons, Central Prison at Palayamkottai, Palayamkottai - 627 002.

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the first respondent to release the husband of petitioner/convict namely Mr.Govindarajan s/o.Bhagavathi Perumal (CT.No.6840) aged about 88 years confining at 3rd

respondent herein by considering petitioner's representation dated 21.08.2023 and 28.05.2024.

For Petitioner : Mr.M.Mohamed Saifulla For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The petitioner has submitted representations seeking premature release of the convict prisoner Mr.Govindarajan s/o.Bhagavathi Perumal - Convict No.6840 aged about 88 years, the prisoner is now confined at Central Prison, Palayamkottai.

2. The learned Additional Public Prosecutor would submit that the application seeking premature release is under active consideration of the Government.

3. The learned counsel for the petitioner would submit that the coaccused has already been released prematurely by the Government and the similar consideration is to be shown in favour of the convict prisoner in the

present case. However, it is for the respondents to consider all these aspects on merits and to take a decision and pass orders.

4. We direct the first respondent to consider the application submitted seeking premature release of the convict prisoner and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5. Accordingly, the Writ Petition stands disposed of. No costs. [S.M.S., J.] [M.J.R., J.] 02.01.2025 Index: Yes/No Speaking/Non-speaking order tsh To The State rep by its The Additional Chief Secretary to Government Home (Prison- IVA) Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Prisons

Gandhi Irwin Road, CMDA Building 2nd Tower, Egmore, Chennai - 600 008.

3.The Superintendent of Prisons, Central Prison at Palayamkottai, Palayamkottai - 627 002.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

tsh W.P.No.34878 of 2024 02.01.2025