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Madras High CourtWP(MD)/7953/2022disposed of

Pushpa.M v. State Of Tamilnadu

2022-04-25Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD)No.5961 of 2022 M.Pushpa

...Petitioner

-Vs1.State of Tamil Nadu, Rep. by the Secretary to Government, Home (Prison IV) Department, Secretariat, Fort. St. George, Chennai-600 009.

2.The Additional Director General of Prison, Egmore, Chennai-600 008.

3.The Superintendent of Prison, Central Prison, Madurai.

4.The District Collector, Madurai District, Madurai.

5.The Dean, Rajaji Government Hospital, Madurai.

...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 1 to 3 to release the petitioner's brother Sundar @ Pallusundaran, S/o.Seeni Asari, L.C.T.No.3785 aged 50 years from Madurai Central Prison as per the G.O.(Ms)No.488, dated 15.11.2021 issued by the 1st respondent.

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

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks Writ of Mandamus, directing the Government to consider the premature release of the prisoner, namely, Sundar @ Pallusundaran, S/o.Seeni Asari, Prisoner No.3785, 1/3

who is undergoing life imprisonment, of the Madurai Central Prison, in terms of G.O.(Ms)No.488, dated 15.11.2021. 2.Mr.S.Ravi, learned Additional Public Prosecutor appearing on behalf of the respondents would submit that Advisory Board has recommended the release of the prisoner and the Government will have to take a decision in this regard.

3.It is also seen from the Medical Report of the life convict prisoner that he has a serious heart ailment. In view of the above, the Government is directed to consider the release of the prisoner at the earliest, at any rate, within a period of two (2) weeks from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr To 1.The Secretary to Government, State of Tamil Nadu, Home (Prison IV) Department, Secretariat, Fort. St. George, Chennai-600 009.

2.The Additional Director General of Prison, Egmore, Chennai-600 008.

3.The Superintendent of Prison, Central Prison, Madurai.

4.The District Collector, Madurai District, Madurai.

5.The Dean, Rajaji Government Hospital, Madurai.

2/3

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

+1 CC to M/s.R. VENKATESAN, Advocate ( SR-21373[F] dated 26/04/2022 ) ORDER MADE IN 25.04.2022 VR(CO) GC(05.05.2022) 3P 8C 3/3