M.Muthiah v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR M.Muthiah ... Petitioner -vs1.The Principal Secretary Department of Home (Prison) Secretariat St.George Fort Chennai 2.The Director General of Prisons and Correctional Services Egmore, Chennai 3.The Deputy Inspector General of Prisons and Correctional Services Madurai Range Madurai 4.The Superintendent Central Prison Madurai ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to release the petitioner's brother, namely, Amsarajan, son of Mokkamayan (C.P.No.5027), based on the recommendation made by the Advisory Board, as per Rule 341 of the Tamil Nadu Prison Rules, 1983.

For Petitioner :

Mr.C.Mayil Vahana Rajendran For Respondents :

Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Prayer in this writ petition is to direct the first respondent to release the petitioner's brother, namely, Amsarajan, son of Mokkamayan (C.P.No.5027), based on the recommendation made by the Advisory Board, as per Rule 341 of the Tamil Nadu Prison Rules, 1983.

2. Today, when the matter is taken up for hearing, learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that the request of the petitioner, seeking premature release of his brother / convict, has been considered by the authority concerned and a

proposal has been sent to the Government in this regard, under G.O.(Ms) No. 430, Home (Prison-IV) Department, dated 11.08.2023 and also as per the provisions of the Tamil Nadu Prison Rules, 1983 and orders are awaited and to that effect, he has produced the proforma, dated 13.06.2024, before this Court.

3. Recording the above submission of the learned Additional Public Prosecutor, this writ petition stands closed. No costs. [A.D.J.C., J.] [K.R.S., J.] 14.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Principal Secretary, Department of Home (Prison), Secretariat, St.George Fort, Chennai.

2.The Director General of Prisons and Correctional Services, Egmore, Chennai.

3.The Deputy Inspector General of Prisons and Correctional Services, Madurai Range, Madurai.

4.The Superintendent, Central Prison, Madurai.

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 14.06.2024