Santhosham R v. The State Of Tamil Nadu, Rep. By

1 W.P.(MD)NO.20449 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MS.JUSTICE R. POORNIMA W.P.(MD)No.20449 of 2024 R.Santhosham ... 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 Additional Director General of Police / Inspector General of Prisons, C.M.D.A.Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai - 8.

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

4. The Superintendent of Prison, Madurai Central Prison, Madurai District.

5. The Deputy Jailor, Open Air Prison, Purasadaiodaippu, Sivagangai District.

... Respondents 1/5

2 W.P.(MD)NO.20449 OF 2024 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to premature release the petitioner's husband by name Thomas @ Ramadoss (C.P.No.0111), S/o.Ganapathy, aged about 50 years now lodged and confined at Open Air Prison, Purasadaiodaippu, Sivagangai District have completed more than 14 years of actual sentence on the basis of G.O.Ms.No.488 of 2021 and on the basis of Advisory Board Scheme G.O.Ms.No.596 of 2023 dated 24.11.2023 by considering the petitioner's representation dated 29.07.2024 in accordance with law within the time stipulated by this Court. For Petitioner : Mr.R.Prakash For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

* * *

O R D E R

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard both sides.

2. The wife of the life convict (Convict Prisoner No.0111) is the petitioner herein. The petitioner's husband is undergoing life imprisonment in Open Air Prison, Sivagangai District. He had completed 2/5

3 W.P.(MD)NO.20449 OF 2024 14 years of incarceration. The petitioner seeks premature release of her husband. In this regard, an application had been submitted before the first respondent.

3. The first respondent is directed to consider the same and pass appropriate 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. We have not gone into the merits of the matter. This writ petition stands disposed of. No costs.

(G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.) 12th November 2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/5

4 W.P.(MD)NO.20449 OF 2024 To:

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

2. The Additional Director General of Police / Inspector General of Prisons, C.M.D.A.Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai - 8.

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

4. The Superintendent of Prison, Madurai Central Prison, Madurai District.

5. The Deputy Jailor, Open Air Prison, Purasadaiodaippu, Sivagangai District.

4/5

5 W.P.(MD)NO.20449 OF 2024 G.R.SWAMINATHAN,J.

AND R.POORNIMA, J.

PMU W.P.(MD)No.20449 of 2024 12.11.2024 5/5