K.Lakshmi v. The Additional Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN and W.M.P.No.33831 of 2023 K.Lakshmi ... Petitioner Vs.

1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Director General of Police & Director General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai - 600 066.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to consider the representation dated 13.11.2023 made by the petitioner for premature release of the petitioner's son namely Rajendran, Son of Kasinathan, aged years, Ct. No.2973, now confined in the Central Prison-1, Puzhal, Chennai66, under the Scheme of G.O. (Ms) No. 488 for premature release of life convicts, within a reasonable period.

For Petitioner :

M/s.S.Nadhiya For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.Aravind C.

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) The petitioner, who is the mother of the convict prisoner namely Rajendran, Son of Kasinathan, Ct. No.2973, now confined in the Central Prison-1, Puzhal, Chennai-66, has come forward with this writ petition to direct the respondents to consider the representation dated 13.11.2023 made by the petitioner for premature release of her son.

2.The petitioner states that her son was convicted for the offences under Sections 377 and 302 IPC and sentenced to undergo life imprisonment. The petitioner further states that her son has completed 13 years of his life sentence and therefore, she made a representation, dated 13.11.2023, to the respondents, for premature release of her son. Since the same has not been considered till date, she has come forward with this writ petition.

3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 4.Having regard to the limited scope of the prayer in the writ petition, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this writ petition, directs the respondents to consider the representation of the petitioner, dated 13.11.2023, for premature release of the petitioner's son, and pass appropriate orders 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 same to the petitioner.

5.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.S.S.R., J.) (S.M., J.) 11.12.2023 mkn Internet : Yes Index : Yes / No

To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Director General of Police & Director General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai - 600 066.

4.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn 11.12.2023