Indrani v. The Additional Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN WP.No.34768/2023 & WMP.No.34744/2023 Indrani ... Petitioner Vs.

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

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

3.The Superintendent of Prison Central Prison, Coimbatore-18 ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of mandamus, directing the respondents to consider the representation dated 24.11.2023 made by the petitioner for premature release of the petitioner's father namely Shanmugam, son of

Chinnakaruppan, life convict, Ct.No.1138, aged about 48 years now confined in the Central Prison, Coimbatore under the scheme of G.O.[Ms].No.64 for premature release of life convict within a reasonable period.

For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The present writ petition has been filed by the petitioner, daughter of the convict prisoner Shanmugam, a life convict, seeking a mandamus to direct the respondents to consider the petitioner's representation dated 24.11.2023 seeking premature release of her father under the scheme of G.O.[Ms].No.64.

(2)Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor who accepts notice on behalf of the respondents. (3)The learned Additional Public Prosecutor on instructions, submitted that the representation of the petitioner dated 24.112023 is under consideration.

(4)Having regard to the limited scope of the prayer that is now sought before this Court and without going into the merits of the petitioner's representation dated 24.11.2023 or the contentions raised in the affidavit filed in support of this petition, the respondents are directed to consider the petitioner's representation/request dated 24.11.2023 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, to the petitioner herein.

(5)The writ petition stands disposed of. Consequently, connected miscellaneous petition is closed.

[S.S.S.R., J.] [S.M, J.] 19.12.2023 AP Internet : Yes

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

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

3.The Superintendent of Prison Central Prison, Coimbatore-18 4.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP W.P. No.34768/2023 19.12.2023