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Madras High CourtWP(MD)/4050/2024disposed of

Manikandan .S v. The State Of Tamil Nadu

2024-04-22Honourable Mr Justice A.D.Jagadish Chandira,Honourable Mr.Justice K.Rajasekar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR S. Manikandan ... Petitioner -vsThe State of Tamil Nadu rep.by 1.The Principal Secretary to Government Home (Prison -IV) Department Fort St.George, Secretariat, Chennai-600 009 2.The Additional Director General of Police Inspector General of Prison, CMDA Towers-II No.1 Gandhi Irvin Salai Egmore, Chennai- 8

3. The Deputy Inspector General of Prison Office of the Deputy Inspector General of Prison Madurai Division Madurai Central Prison Campus Madurai- 16 4.The Superintendent of Prison Madurai Central Prison Madurai ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioners representation dated 01.02.2024 in the light of G.O.(Ms) No.64 Home (Prison - IV) Department, dated 01.02.2018 and G.O.(Ms) No.488 Home (Prison - IV) Department, dated 15.11.2021 and recommendation of Justice N.Athinathan Committee and consequently premature release the petitioners father namely Sarlaraothevar, S/o. Valivitta Thevar, C.P.No.4188 aged about 72 years, now lodged and confined in Central Prison, Madurai have completed more than 20 years of actual sentence.

For Petitioner :

Mr.V.Palpandi For Respondents :

Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Prayer in this writ petition is to direct the respondents to consider the petitioners representation dated 01.02.2024 in the light of G.O.(Ms) No.64 Home (Prison - IV) Department, dated 01.02.2018 and G.O.(Ms) No.488 Home (Prison - IV) Department, dated 15.11.2021 and recommendation of Justice

N.Athinathan Committee and consequently premature release the petitioners father namely Sarlaraothevar, S/o. Valivitta Thevar, C.P.No.4188 aged about 72 years, now lodged and confined in Central Prison, Madurai have completed more than 20 years of actual sentence.

2. Today, when the matter was taken up for hearing, Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, on instructions, submitted that the representation of the petitioner dated 01.02.2024 is under consideration.

3. In view of the above submission of the learned Additional Public Prosecutor, this writ petition is closed with a direction to the respondents to consider the representation of the petitioner dated 01.02.2024 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs. [A.D.J.C., J.] [K.R.S., J.] 22.04.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No aav

To:

1.The Principal Secretary to Government Home (Prison -IV) Department Fort St.George, Secretariat, Chennai-600 009 2.The Additional Director General of Police Inspector General of Prison, CMDA Towers-II No.1 Gandhi Irvin Salai Egmore, Chennai- 8

3. The Deputy Inspector General of Prison Office of the Deputy Inspector General of Prison Madurai Division Madurai Central Prison Campus Madurai- 16 4.The Superintendent of Prison Madurai Central Prison Madurai

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

aav 22.04.2024