Madras High CourtHCP(MD)/1793/2017dismissed

Laxmi v. The Principal Secretary To

2019-06-26Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2019

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.1793 of 2017 Laxmi ... Petitioner Vs.

1.State represented by The Principal 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, Central Prison, Cuddalore.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus to release the petitioner's father-in-law, namely, Pushparaj, son of Gunaraj, C.P.13528 from jail by giving benefit to him as an eligible life convict prisoner for premature release by G.O.Ms.No.873 Home (Prison IV) Department, dated 14.09.2006, G.O.Ms.No.806, Home (Prison IV) Department, dated 17.09.2006, 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, by considering the petitioner's representation dated 18.08.2017.

For Petitioner : No appearance For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.K.Dinesh Babu Additional Public Prosecutor * * * * *

ORDER

(Order of the Court was made by M.SATHYANARAYANAN,J.) The petitioner has come before this Court seeking a writ of Habeas Corpus to release the petitioner's father-in-law, namely, Pushparaj, son of Gunaraj, C.P.13528 from jail by giving benefit to him as an eligible life convict prisoner for premature release by G.O.Ms.No.873 Home (Prison IV) Department, dated 14.09.2006, G.O.Ms.No.806, Home (Prison IV) Department, dated 17.09.2006, 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, by considering the petitioner's representation dated 18.08.2017.

2. The matter in issue pertains to premature release.

3. The learned Additional Advocate General appearing for the State has produced a copy of the letter of the Superintendent of Central Prison, Cuddalore, addressed to the learned Additional Public Prosecutor, bearing No.14791/Tha.Ku1/2017, dated 12.06.2019, informing that the detenu was admitted in the Government Headquarters Hospital in connection with Chronic Obstructive Pulmonary disease, but without responding to the treatment, he died on 25.04.2019.

4. In the light of the same, nothing survives for adjudication in this petition. Accordingly, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (AD-I) / True Copy / Sub Assistant Registrar(CS- ) rsb To 1.The Principal 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, Central Prison, Cuddalore.

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

H.C.P(MD)No.1793 of 2017 26.06.2019 ES/12.07.2019/3P/5C