Ganesan v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE N.SESHASAYEE H.C.P.(MD) No.336 of 2017 Ganesan ... Petitioner -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 Madurai Central Prison Madurai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents to produce the detenu by name Ganesan, son of Seeniappan, aged about 49 years now lodged and confined at Central Prison, Madurai before the Court and set him at liberty under Tamil Nadu Prison Rules 1993 within the time stipulated.

For Petitioner :

Mr.R.Alagumani For Respondents :

Mr.T.Mohan Addl. Public Prosecutor for R1 and R2

O R D E R

[Order of the Court by T.S.SIVAGNANAM, J.] Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

2. The learned Additional Public Prosecutor submitted that the Probationary Officer's report has been received and the report of the District Collector, Madurai is awaited.

3. Considering the facts of the case, we issue the following directions:

(i) The District Collector, Madurai is directed to submit a proper report as called for within a period of four weeks from the date of receipt of a copy of this order;

(ii) On receipt of the report from the District Collector, the respondents are directed to place the matter before the Advisory Board within a period of three weeks thereafter; and (iii) On receipt of the proposal from the Advisory Board, the Government is directed to take a decision on such proposal within a period of six weeks thereafter.

4. With the above directions, the habeas corpus petition is disposed of.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To:

1.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, Madurai Central Prison, Madurai District.

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

5.The District Collector, Madurai.

6.The Advisory Board, Madurai.

skm / krk AE/JC/22.05.2017/3P/7C H.C.P.(MD) No.336 of 2017 28.04.2017