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Madras High CourtWP(MD)/15350/2017dismissed

O.Jeeva Nantham, v. The Inspector General Of

2019-06-28Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.15350 of 2017 O.Jeeva Nantham ... Petitioner Vs.

1.The Inspector General of Prisons, Chennai.

2.The Superintendant.

Central Prison, Madurai.

3.The Inspector of Police, Varusanadu Police Station, Theni District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the second respondent to recommend me so as to include my name in the list prepared by him for giving the benefit of pre-mature release in connection with Dr.MG.R.Birth Centenary Celebration.

For Petitioner : Mr.R.Anand For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent to recommend the petitioner so as to include his name in the list prepared by him for giving the benefit of pre-mature release in connection with Dr.MG.R.Birth Centenary Celebration.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents.

3. The grievance of the petitioner is that, he is as life convict and he was convicted and sentenced to undergo life imprisonment in C.A.(MD)No.669 of 2007 vide judgment dated 25.02.2008. That apart in yet another case in S.C.No.8 of 2006 he was convicted and sentenced to undergo 5 years imprisonment under Essential Commodities Act and NDPS Act vide judgment dated 13.07.2007. He has been in prison for more than 11 years. According to the petitioner, now the Government of Tamil Nadu is intending to give benefit to the prisoners those who possess the certificate of good conduct in connection with Dr.M.G.R.Birth https://hcservices.ecourts.gov.in/hcservices/

Centenary Celebration. In the said circumstances, the petitioner has approached the concerned jail authorities to include his name for getting the said benefit. But, it was not considered. Hence, the present writ petition has been filed.

4. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor, appearing for the respondents, on instructions would submit that the Government is not intending to order any pre-mature release of convicted prisoners in connection with Dr.M.G.R.Birth Centenary Celebration. He would further submit that the present writ petition has been filed without any basis.

5. In view of the submission made by the learned Additional Public Prosecutor that there is no proposal to give pre-mature release of convicted prisoners in connection with Dr.M.G.R.Birth Centenary Celebration, this writ petition is totally misconceived and no relief as such sought by the petitioner in the present petition can be granted. Accordingly, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (AD-I) / True Copy / Sub Assistant Registrar(CS- ) To 1.The Inspector General of Prisons, Chennai.

2.The Superintendant.

Central Prison, Madurai.

3.The Inspector of Police, Varusanadu Police Station, Theni District.

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

W.P.(MD)No.15350 of 2017 28.06.2019 ES/24.07.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/