Madras High CourtWP(MD)/14990/2021disposed of

Saravanan v. The Jail Superintendent

2022-02-14Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

W.P(MD)No.14990 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P(MD)No.14990 of 2021 Saravanan :Petitioner .vs.

1.The Jail Superintendent, Central Jail Prison, Palayamkottai.

2.The Inspector of Police, Perumalpuram Police Station, Palayamkottai, Crime No. 910 of 2003.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent herein to return the warrant of punishment as the petitioner had already served full period of imprisonment imposed in Crime No.910/2003 from the year 2003 to 2007, forthwith entitling him to be included in the list of "Release of life prisoners on good conduct", without any further delay, consider his representation, dated 24.09.2018 and 29.09.2018.

For Petitioner :M/s.A.Banumathy For Respondents :Mr.S.Ravi Addl. Public Prosecutor

O R D E R

********** [Order of the Court was made by R.SUBRAMANIAN,J.] The petitioner seeks writ of mandamus directing the first respondent to return the warrant of punishment as he has already served full period of imprisonment, namely, 6 months imposed in Cr.No.910 of 2003 for the offence under NDPS Act. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.14990 of 2021

2. The petitioner had been imposed two life sentences in two different crimes on 12.09.2000 and 30.04.2003 respectively and under Section 427 of Cr.P.C., two life sentences are directed to run concurrently. The petitioner seeks to exclude the period of 6 months of conviction.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that he had given an opinion to the Jail authorities as to when the conviction can be excluded. The representations of the petitioner, dated 24.09.2018 and 29.09.2018 are stated to be pending. Since the opinion of the Public Prosecutor has been obtained, there cannot be any difficulty in disposing of the representations of the petitioner.

4. In view of the same, this writ petition is disposed of with a direction to the respondents to pass appropriate orders on the above two representations within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS ) am To 1.The Jail Superintendent, Central Jail Prison, Palayamkottai.

2.The Inspector of Police, Perumalpuram Police Station, Palayamkottai.

DP 26/02/2022 2P/3C 0RDER MADE IN W.P(MD)No.14990 of 2021 14.02.2022 https://hcservices.ecourts.gov.in/hcservices/ 2/2