Iyappan v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Iyappan ... Petitioner/ S/o.The life convict Pal Nadar Vs.

1.The Home Secretary, Home Department, Secretariat, Fort St.George, Chennai.

2.The Superintendent of Police, Kanyakumari District.

3.The Inspector of Police, Susendram Police Station, Kanyakumari District.

4.The Inspector of Police, Palavoor Police Station, Tirunelveli District.

5.The Superintendent of Central Jail, Palayamkottai, Tirunelveli District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 21.01.2019 submitted to 1st respondent for premature release of my father Pal Nadar by extending the benefit of the G.O.M.S.No.64, Home (Prison), dated 01.02.2018 Life Convict No.418 detained in the Central Jail, Palayamkottai and undergoing the Life Sentence in S.C.No.93/1992 on the file of the learned Sessions Judge, Nagercoil and also in S.C.No.221/2004 on the file of the learned Principal Sessions Judge, Tirunelveli from the Central Jail, Palaymkottai. For Petitioner : Mr.R.Ramachandran For Respondents : Mr.R.Aanandharaj Additional Public Prosecutor 1/3

O R D E R

This Writ Petition has been filed seeking a direction to the 1st respondent to consider the petitioner's representation dated 21.01.2019 submitted to the 1st respondent for premature release of his father viz., Pal Nadar, Life Convict No.418 detained in the Central Jail, Palayamkottai and undergoing the Life Sentence in S.C.No.93/1992 on the file of the learned Sessions Judge, Nagercoil and also in S.C.No.221/2004 on the file of the learned Principal Sessions Judge, Tirunelveli from the Central Jail, Palaymkottai by extending the benefit of the G.O.M.S.No.64, Home (Prison), dated 01.02.2018,

2. The learned counsel for the petitioner would submit the petitioner sent a representation dated 01.02.2018 to the first respondent for the premature release of his father.

3. Considering the facts and circumstances of the case, without going into the merits of the case, the first respondent is directed to consider the representation of the petitioner in view of the G.O. (Ms).No.64, Home (Prison), dated 01.02.2018, within a period of four weeks from the date of receipt of a copy of this order on merits and in accordance with law.

4. With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (P AND A) // True Copy // Sub Assistant Registrar(CS) Vsd To 1.The Home Secretary, Home Department, Secretariat, Fort St.George, Chennai.

2.The Superintendent of Police, Kanyakumari District.

3.The Inspector of Police, Susendram Police Station, Kanyakumari District.

2/3

4.The Inspector of Police, Palavoor Police Station, Tirunelveli District.

5.The Superintendent of Central Jail, Palayamkottai, Tirunelveli District.

+1 CC to M/s.P.RAMASWAMY, Advocate ( SR-87804[F] dated 19/09/2019 ) 17.09.2019 KK/SAR/15.10.2019/3P-7C/ 3/3