Madras High CourtHCP/3436/2013disposed of

P.Munusamy v. The Govt Of Tn

2016-01-05Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Sudhakar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2016

CORAM:

THE HON'BLE MR. JUSTICE R.SUDHAKAR AND THE HON'BLE MR. JUSTICE P.N. PRAKASH H.C.P. No.3436 of 2013 P.Munusamy ..Petitioner Vs.

1.Government of Tamilnadu Rep by its Secretary to Government Home (Prison IV) Department Fort St.George, Chennai 600 009.

2.The Additional Director General of Prisons Thalamuthu Natarajan Maaligai 2nd Floor, Gandhi Irwin Road Egmore, Chennai 600 008.

3.The Superintendent of Central Prisons Vellore.

..Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents herein to produce the body of the petitioner Life Convict No.9757 now confined in Central Prison, Vellore before this Court and set him at liberty as having become eligible for premature release by virtue of G.O.Ms.No.873, Home (Prison IV) Department dated 14.09.2006, G.O.Ms.No.1326 Home (Prison IV) Department dated 12.09.2007 and G.O.Ms.No.1155 Home (Prison IV) Department dated 11.09.2008.

For Petitioner Mr.Kumaresan for Mr.B.Nambiselvan For Respondents Mr.A.N.Thambidurai Additional Public Prosecutor

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) The petitioner, who is a life convict prisoner, claims that he will be entitled to be released in terms of G.O.(Ms) No.1155, Home (Pri.IV) Department, dated 11.09.2008. https://hcservices.ecourts.gov.in/hcservices/

2. The respondents have filed a counter, wherein they have given some reasons for not giving him the benefit of G.O. (Ms)No.1155, Home (Pri.IV) Department, dated 11.09.2008. However, we find that no orders have been passed on the representation dated 15.04.2013 given by the petitioner to the first respondent.

3. Under such circumstances, we direct the first respondent to consider and pass orders on the representation of the petitioner dated 15.04.2013 expeditiously on merits and in accordance with law, if not already passed. With the above direction, this Habeas Corpus Petition is disposed of.

gms Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Secretary to the Government of Tamilnadu, Home (Prison IV) Department Fort St.George, Chennai 600 009.

2. The Additional Director General of Prisons Thalamuthu Natarajan Maaligai, 2nd Floor, Gandhi Irwin Road, Egmore, Chennai 600 008.

3. The Superintendent of Central Prisons, Vellore.

4. The Public Prosecutor, High Court of Madras, Chennai. + 1 cc to Mr.B.Nambiselvan, Advocate Sr 449 KR/4/2/16 H.C.P.No.3436 of 2013 https://hcservices.ecourts.gov.in/hcservices/