Iyyappan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2024

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.(MD).No.9594 of 2024 Iyyappan .. Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary, Department of Home Affairs, State of Tamil Nadu, Fort St., George, Chennai-600 009.

2.The Additional Director General of Police/ Inspector General of Prisons, No.6, Whannels Road, Egmore, Chennai-600 008.

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

.. Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 27.02.2024 and consequently direct the respondents to release the life convict prisoner/the petitioner's father namely Paul Nadar, (Male 81/2024), S/o.Ayyankannu Nadar, Life Convict Prisoner No.418, is confined at Central Prison, Palayamkottai in the light of the Government Order in G.O.(Ms) No.488 Home (Prison IV) Department, dated 15.11.2021.

For Petitioner : Mr.M.Suri For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The present Writ Petition is filed for a writ of mandamus seeking to direct the 1st respondent to consider the petitioner's representation, dated 27.02.2024 and consequently, direct the respondents to release the life convict prisoner/the petitioner's father namely Paul Nadar, (Male 81/2024), S/o.Ayyankannu Nadar, Life Convict Prisoner No.418, is confined at Central Prison, Palayamkottai in the light of the Government Order in G.O. (Ms) No.488 Home (Prison IV) Department, dated 15.11.2021.

2. The case of the petitioner is that the petitioner's father is a life convict No.418. The first respondent had issued the Government Order in G.O.(Ms) No.488, Home (Prison IV) Department, dated 15.11.2021 he comes under the guidelines rendered in the said G.O(Ms) No.488, dated 15.11.2021. Therefore, the petitioner sent a representation, dated 27.02.2024 for early release of the life convict prisoner/father of the petitioner namely Paul Nadar, aged 81 years, S/o.Ayyankannu Nadar, Life Convict Prisoner No.418 is confined at Central Prison, Palayamkottai in the light of the G.O.(Ms) No.488, Home (Prison IV) Department, dated 15.11.2021. Since the respondents have not passed any orders on the representation of the petitioner, he has filed the present writ petition.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that the representation of the petitioner, dated 27.02.2024 will be considered and suitable orders will be passed within a period of eight weeks.

4. Recording the submission of the learned Additional Public Prosecutor, without going into the merits of the matter, we direct the

respondents to consider the representation of the petitioner, dated 27.02.2024 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. Accordingly, this writ petition is disposed of. (A.D.J.C.,J.) (K.R.S.,J.) 18.04.2024 NCC : Yes / No Index : Yes / No am To 1.The Secretary, Department of Home Affairs, State of Tamil Nadu, Fort St., George, Chennai-600 009.

2.The Additional Director General of Police/ Inspector General of Prisons, No.6, Whannels Road, Egmore, Chennai-600 008.

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

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

A.D.JAGADISH CHANDIRA,J.

and K.RAJASEKAR,J.

am W.P.(MD).No.9594 of 2024 18.04.2024