Muniyammal v. The State Of Tamilnadu, Represented By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 18.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P(MD)No.18756 of 2024 Muniyammal ... Petitioner Vs 1.The State represented by The Principal Secretary to Government, Home (Prison-IV) Department, State of Tamil Nadu, Secretariat, Fort St.George, 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 Prisons, Office of the Deputy Inspector General of Prisons, 1/5

Madurai Division, Madurai Central Prison Campus, Madurai - 16.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to premature release the petitioner's brother by name Nanban @ Shanmugam, (C.P.No.3119) son of Ramamoorthi, aged about 61 years now lodged and confined at Central Prison, Palayamkottai have completed the more than 31 years of actual sentence on the basis of the Honble Justice.Mr.Athinathan Committee Recommendation G.O.430 of 2023 dated 11.08.2023 and on the basis of the Humanitarian Ground in Government Letter M.S.No.1358, Home dated 10.11.1994 by considering the petitioner's representation dated 02.07.2024 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

ORDER

Heard both sides.

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2.The petitioner is the sister of the convict. She seeks premature release for her brother. The petitioner had already submitted her request in this regard.

3.The first respondent is directed to consider the said request and pass appropriate order on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order. We have not gone into the merits of the matter. 4.This Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(G.R.S., J.) (R.P., J.) 18.11.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 3/5

To 1.The Principal Secretary to Government, Home (Prison-IV) Department, State of Tamil Nadu, Secretariat, Fort St.George, 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 Prisons, Office of the Deputy Inspector General of Prisons, Madurai Division, Madurai Central Prison Campus, Madurai - 16.

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

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

Copy To:

The Central Prison, Palayamkottai.

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G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

MGA 18.11.2024 5/5