Saravanan v. The State Of Tamil Nadu, Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Saravanan

...Petitioner

(Now confined at Palayamkottai Central Prison as life convict) -vs1.The State of Tamil Nadu Rep. by the Principal Secretary to Government, Home (Prison) Department, State of Tamil Nadu, Secretariat, St. George Fort, Chennai-9.

2.The Additional Director General of Police/ Inspector General of Prisons, C.M.D.A.Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai-8.

3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to release the petitioner by name Saravanan, son of Kumarapandiya Pillai, aged about 50 years, now confining at Palayamkottai Central Prison under the premature release on the basis G.O (MS) 64, dated 01.02.2018 or G.O(MS) 488, dated 15.11.2021 or advisory board proceedings under Rule 341 of the Tamil Nadu Prison Rules 1993 or on the basis of any other appropriate G.O., or rules and in accordance with law, within the time stipulated by this Court.

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For Petitioner :Mr.R.Alagumani For Respondents :Mr.S.Ravi Additional Public Prosecutor

O R D E R

*********** R.SUBRAMANIAN, J AND N.SATHISH KUMAR, J The petitioner seeks writ of mandamus directing the respondents to release him under the premature release scheme on the basis of G.O (MS) 64, dated 01.02.2018 or G.O(MS) 488, dated 15.11.2021 or on the advise of the advisory board under Rule 341 of the Tamil Nadu Prison Rules 1993.

2. Though Mr.R.Alagumani, learned counsel appearing for the petitioner would submit that the representation has been made seeking premature release on 05.04.2022, Mr.S.Ravi, learned Additional Public Prosecutor appearing for the respondents would submit that no such representation has been received by the respondents.

3. Taking into consideration fact that the petitioner has been suffering incarceration for over 20 years, the petitioner is permitted to make a fresh representation to the authorities and the authorities shall consider and dispose of the same, in accordance with law, within a period of six weeks from the date of receipt of the representation.

4. In view of the above, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) am To 1.The Principal Secretary to Government, Home (Prison) Department, State of Tamil Nadu, Secretariat, St. George Fort, Chennai-9.

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2.The Additional Director General of Police/ Inspector General of Prisons, C.M.D.A.Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai-8.

3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER MADE IN 22.04.2022 PKP/16.05.2022/3P/5C 3/3