L.Usha @ Nithiyal v. The Additional Chief Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 16.12.2025 Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN --- L.Usha @ Nithiyal .. 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 Service Whannels Road, Egmore, Chennai - 600 008
3. The Superintendent of Prison Central Prison Cuddalore - 607 004 .. Respondents Writ Petition (Criminal) filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 22.10.2025 and release the petitioner's brother Jony, Son of Andrews, convict prisoner, PID No.16824, now confined in Central Prison, Cuddalore, under the 1994 policy for early release of life sentenced prisoners. 1 / 4
For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
(The Order of the Court was made by P.Velmurugan, J) This Writ Petition has been filed to direct the respondents to consider the petitioner's representation dated 22.10.2025 and release the petitioner's brother Jony, S/o. Andrews, convict prisoner, PID No.16824, now confined in Central Prison, Cuddalore, under the 1994 policy for early release of life sentenced prisoners.
2. The learned counsel for the petitioner submitted that the petitioner is a life convict. He preferred a Special Leave Petition before the Hon'ble Supreme Court in SLP (Criminal) Diary No.32991 of 2025 and the Hon'ble Supreme Court, by considering the period of incarceration of the petitioner, disposed of the same granting liberty to the petitioner to approach the Government for pre-mature release. Based on which, the petitioner made a representation dated 22.10.2025 to the Government. However, till date, the Government has not considered the same. Therefore, the present petition has been filed for the relief stated in the opening paragraph.
3. Heard the learned Additional Public Prosecutor appearing for the respondents. 2 / 4
4. It is seen that the representation of the petitioner is yet to be decided by the Government. Hence, this Court directs the Government to consider the representation of the petitioner and pass order on merits as expeditiously as possible.
5. With the above direction, this Writ Petition is disposed of. (P.V., J) (M.J.R., J) 16.12.2025 ksa-2 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 Service Whannels Road, Egmore, Chennai - 600 008
3. The Superintendent of Prison Central Prison Cuddalore - 607 004
4. The Public Prosecutor, High Court, Madras.
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P.VELMURUGAN, J and M.JOTHIRAMAN, J ksa-2 16.12.2025 4 / 4