Govindammal D v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2022

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE N. ANAND VENKATESH D.Govindammal .. Petitioner Vs.

1.The State of Tamil Nadu, Rep by the Principal Secretary to Government, Home (Prison) Department, Tamil Nadu Government Chief Secretariat, Fort St.George, Chennai-600 009.

2.The Additional Director General of Police/ Inspector General of Prisons, C.M.D.A.Towers II, No.I, Gandhi Irwin Road, Egmore, Chennai-600 008.

3.The Superintendent of Prison, Madurai Central Prison, Madurai.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 1st respondent to consider "premature

release" for petitioner's son namely D.Prakash, aged about 42 years now confined at Central Prison, Madurai, as life convict No.5322 on the basis of Advisory Board Proceedings under Rule 341 of the Tamil Nadu Prison Rules, 1983 and set him at liberty by considering the representation of the petitioner dated 04.11.2022 within a period that may be stipulated by this Court.

For Petitioner :Mrs.P.Yasim Begum For Respondents :Mr.A.Thiruvadikumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by N. ANAND VENKATESH) M.S.RAMESH,J.

and N. ANAND VENKATESH,J.

This writ petition has been filed for issuance of a writ of Mandamus directing the first respondent to consider the representation made by the petitioner on 04.11.2022 wherein the petitioner has requested for the premature release of her son, who is now confined at Central Prison, Madurai, as a life convict.

2.Heard Mrs.P.Yasim Begum, learned counsel for the petitioner ande Mr.A.Thiruvadikumar, learned Additional Public Prosecutor appearing 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 act upon the representation made by the petitioner dated 04.11.2022 strictly in accordance with law and take a decision within a period of six weeks from the date of receipt of a copy of this order. 4.

The Writ Petition is disposed of with the above direction. No costs.

(M.S.R.,J.) (N.A.V.,J.) 02.12.2022 Intex:Yes/No Internet:Yes/No Ns

M.S.RAMESH,J.

and N. ANAND VENKATESH,J.

Ns To 1.The Principal Secretary to Government, Home (Prison) Department, Tamil Nadu Government Chief Secretariat, Fort St.George, Chennai-600 009.

2.The Additional Director General of Police/ Inspector General of Prisons, C.M.D.A.Towers II, No.I, Gandhi Irwin Road, Egmore, Chennai-600 008.

3.The Superintendent of Prison, Madurai Central Prison, Madurai.

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

02.12.2022