Easwari v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN and W.M.P.No.35477 of 2023 Easwari ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Department of Home, Secretariat, Fort St. George, Chennai-600 009.

2.The Deputy Inspector General of Police, Egmore, Chennai 600 008 3.The Superintendent of Central Prison, Central Prison Cuddalore Cuddalore District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 11.12.2023 in accordance with

law and direct the respondents to release the detenu Kumar @ Metti @ Murugan, son of Balasubramanian, CT.No.15145 on premature release, now confined in Central Prison, Cuddalore.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.C. Aravind

ORDER

(Order of the Court was delivered by M.S.RAMESH, J.) The limited prayer sought for in the present writ petition is for issuance of writ of mandamus to consider the petitioner's representation dated 11.12.2023, wherein he has sought for premature release of her husband.

2. In the counter affidavit filed by the respondents, it is stated that the petitioner has completed 25 years 2 months and 23 days as on 31.01.2024. It is also stated that the petitioner's request for premature release of her husband has been forwarded to the Government under G.O.(Ms).No.488, Home (Prison-IV) Department, dated 15.11.2021 as

well as under G.O.(Ms) No.430, Home (Prison-IV) Department, dated 11.08.2023, and the same is pending.

3. In view of the limited prayer sought for, the 1st respondent /Government is now directed to pass final orders on the proposal within a stipulated time.

4. Accordingly, there shall be a direction to the 1st respondent to consider the petitioner's representation dated 11.12.2023 and pass final orders within a period of three (3) months from the date of receipt of a copy of this order.

5.This writ petition stands disposed of accordingly. Consequently, the connected miscellaneous petition is closed. [M.S.R., J] [S.M., J] 15.04.2024 Index: Yes/No kas

M.S.RAMESH, J.

and SUNDER MOHAN , J.

kas To 1.The Secretary, Department of Home, Secretariat, Fort St. George, Chennai-600 009.

2.The Deputy Inspector General of Police, Egmore, Chennai 600 008 3.The Superintendent of Central Prison, Central Prison Cuddalore Cuddalore District 4.The Public Prosecutor, High Court of Madras, Chennai 600 104 and W.M.P.No.35477 of 2023