C .Kothandaraman v. The State Of Tamil Nadu, Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2024

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.(MD).No.10927 of 2024 C.Kothandaraman .. Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home (Prison-IV) Department, State of Tamil Nadu, Secretariat, St. George Fort, Chennai-9.

2.Inspector General of Prisons, C.M.D.A.Towers II, No.I, Gandhi Irvin Road, Egmore, Chennai-8.

3.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison, Trichy Division,

4.The Superintendent of Prison, Trichy Central Prison, .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to premature release the petitioner's brother by name C.Selvakumar @ Murugesan (C.P.No. 14559) son of Chinnannan, aged about 50 years now lodged and confined at Central Prison, Trichy have completed the more than 22 years of actual sentence on the basis of the Humanitarian Ground in Government Letter M.S.No.1358, Home dated 10.11.1994 and on the basis of the Advisory Board Scheme G.O.Ms.No.596 of 2023 dated 24.11.2023 by considering the petitioner's Representation dated 04.03.2024 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Prakash 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 respondents to release the petitioner's brother premature by name C.Selvakumar @ Murugesan (C.P.No.14559) son of Chinnannan, aged

about 50 years now lodged and confined at Central Prison, Trichy by considering the petitioner's representation dated 04.03.2024 in accordance with law.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that the representation of the petitioner, dated 04.03.2024 will be considered and suitable orders will be passed within a period of twelve weeks.

3. 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 04.03.2024 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

(A.D.J.C.,J.) (K.R.S.,J.) 04.06.2024 NCC : Yes / No Index : Yes / No am

To 1.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home (Prison-IV) Department, State of Tamil Nadu, Secretariat, St. George Fort, Chennai-9.

2.Inspector General of Prisons, C.M.D.A.Towers II, No.I, Gandhi Irvin Road, Egmore, Chennai-8.

3.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison, Trichy Division, 4.The Superintendent of Prison, Trichy Central Prison, 5.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.10927 of 2024 04.06.2024