Omana. L v. State Represented By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2024

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.(MD).No.14091 of 2024 L.Omana ... Petitioner Vs.

1.State represented by The Secretary to Government of Tamilnadu, Department of Home, Fort St. George, Chennai-600 009.

2.The Additional Director General of Prison, CMDA Towers, Egmore, Chennai-600 008.

3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.

.. Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to effect the premature release of the petitioner's husband namely T.Babu, S/o.Thangappan (Convict No.LCVT 8442), aged about 64 years under the control of the third respondent herein based on the petitioner's representation, dated 02.03.2024 within time frame stipulated by this Court.

For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The present Writ Petition is filed by the wife of the convict prisoner for a writ of mandamus seeking to direct the respondents to effect the premature release of the petitioner's husband namely T.Babu, S/o.Thangappan (Convict No.LCVT 8442), aged about 64 years.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that petitioner's representation, dated 02.03.2024 has been received by the

respondent and in that representation, a wrong Government Order has been quoted, however, the Officials shall ensure that the applicable Government Orders will be taken into consideration and the representation of the petitioner will be considered within a period of twelve (12) weeks.

3. Recording the submission of the learned Additional Public Prosecutor, without going into the merits of the matter, we direct the respondents to consider the representation of the petitioner, dated 02.03.2024 and pass orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. Accordingly, this writ petition is disposed of. No costs. (A.D.J.C.,J.) (K.R.S.,J.) 03.07.2024 NCC : Yes / No Index : Yes / No am

To 1.The Secretary to Government of Tamilnadu, Department of Home, Fort St. George, Chennai-600 009.

2.The Additional Director General of Prison, CMDA Towers, Egmore, Chennai-600 008.

3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.

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

A.D.JAGADISH CHANDIRA,J.

and K.RAJASEKAR,J.

am W.P.(MD).No.14091 of 2024 03.07.2024