Vilson 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.1408 of 2016 Vilson ... Petitioner -vs1.The State of Tamil Nadu, Rep.by The Principal Secretary to Government Home (Prison) Department TN.Govt. Chief 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 Chennai-8 3.The Superintendent of Prison Palayankottai Central Prison Tiruneveli 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 petitioner by name Vilson, son of Appavu, aged about 54 years, now lodged and confined at Central Prison, Palayankottai before this Court and set him at liberty forthwith by extending the benefits of the Government order in G.O.(Ms) No.1155/Home (Pri IV) Department / 2009, dated 11.09.2008 and G.O.Ms.No.1163, dated 12.08.1997 Home (Prison) department within the time stipulated by this Court.

For Petitioner :Mr.R.Alagumani For Respondents :Mr.T.Mohan Addl. Public Prosecutor

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. https://hcservices.ecourts.gov.in/hcservices/

2. The learned Additional Public Prosecutor submitted that the Probationary Officer's report has been received and the report of

the District Collector, Tirunelveli, is awaited.

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

(i) The District Collector, Tirunelveli 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 Prinicpal Secretary to Government, Home (Prison) Department, TN.Govt. Chief 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, Chennai-8.

3.The Superintendent of Prison, Palayankottai Central Prison, Tiruneveli District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5.The District Collector,Tirunelveli.

6.The Advisory Board, Palayamkottai.

H.C.P.(MD) No.1408 of 2016 28.04.2017 SKM/KRK kk/MMS/22.05.2017-2P-7C https://hcservices.ecourts.gov.in/hcservices/