Marichamy v. The State Of Tamil Nadu, Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2024

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.(MD).No.18567 of 2024 Marichamy ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home (Prison-IV) Department, State of Tamil Nadu, Secretariat, St. George Fort, Chennai-9.

2.The Inspector General of Prisons, C.M.D.A Towers II, No.I, Gandhi Irwin Road, Egmore, Chennai-8.

3.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison, Madurai Division, Madurai Central Prison Campus, Madurai-16.

4.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, to direct the respondents to premature release the petitioner's brother by name Muniyasamy alias Chinnamuniyasamy (C.P.No. 1543) son of Marugaldurai, aged about 36 years now lodged and confined at Palayamkottai Central Prison has completed the more than 14 years of actual sentence on the basis the Advisory Board scheme Rule 341(2) Tamil Nadu Prison Rules 1983 and G.O.Ms.No.596 of 2023 by considering petitioner's representation dated 03.07.2024 in accordance with law. For Petitioner : Mr.R.Prakash 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 petitioner for a writ of mandamus seeking to direct the respondents to premature release the petitioner's brother by name Muniyasamy alias Chinnamuniyasamy (C.P.No. 1543) son of Marugaldurai, aged about 36 years now lodged and confined at Palayamkottai Central Prison.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that the representation of the petitioner, dated 03.07.2024 is under consideration and the same will be considered and suitable orders will be passed as expeditiously as possible.

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 03.07.2024 and pass orders on merits and in accordance with law within a period of twelve 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.) 02.08.2024 NCC : Yes / No Index : Yes / No am

To 1.The Principal Secretary to Government, Home (Prison-IV) Department, State of Tamil Nadu, Secretariat, St. George Fort, Chennai-9.

2.The Inspector General of Prisons, C.M.D.A Towers II, No.I, Gandhi Irwin Road, Egmore, Chennai-8.

3.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison, Madurai Division, Madurai Central Prison Campus, Madurai-16.

4.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.

5.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.18567 of 2024 02.08.2024