Nagarathinam v. The State Of Tamil Nadu, Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WP(MD).No.26330 of 2022 Nagarathinam : Petitioner Vs 1.The State represented by its the Principal Secretary to Government Home, Prohibition & Excise department Fort St. George, Chennai 600 009.

2.The Additional Director General of Police/ Inspector General of Prisons, No.1 Gandhi Irwin Road, Egmore Chennai 8 3.The Superintendent of Prison Madurai Central Prison for Women, Madurai District : Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to release the petitioner by name Nagarathinam, wife of Raju aged about 46 years now confined at Madurai Special Prison for women under premature release on the basis of G.O.Ms.No.488 Home (Pri IV) Department dated 1/4

15.11.2021 or under advisory board proceedings under rule 341 of the Tamil Nadu Prison Rules or any other appropriate order or government scheme in accordance with law.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by N. ANAND VENKATESH,J.) This writ petition has been filed for issuance of a Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 13.02.2019, whereby the petitioner is seeking for premature release on the basis of G.O.Ms.No.488 Home (Pri IV) Department dated 15.11.2021. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. Taking into consideration the facts and circumstances of the case and the limited relief sought for in the writ petition and without going into the merits of the case, there shall be a direction to the first respondent to consider the representation of the petitioner dated 13.02.2019 and dispose of the same 2/4

strictly in accordance with law, within a period of six weeks from the date of receipt of a copy of this order and take a final decision.

4. The writ petition is disposed of with the above direction. [M.S.R.,J] [N.A.V.,J] 22.11.2022 2/2 Index : Yes/No Internet : Yes RR To 1.The Principal Secretary to Government Home, Prohibition & Excise department Fort St. George, Chennai 600 009.

2.The Additional Director General of Police/ Inspector General of Prisons, No.1 Gandhi Irwin Road, Egmore Chennai 8 3.The Superintendent of Prison Madurai Central Prison for Women, Madurai District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

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M.S. RAMESH , J.

AND N.ANAND VENKATESH,J.

RR WP(MD).No.26330 of 2022 22.11.2022 4/4