Samuel v. The State Of Tamil Nadu Represented By

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 Samuel .. Petitioner Vs.

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

2.The Additional Director General of Police/ Director of Prisons and Correctional Services C.M.D.A.Towers II, No.I, Gandhi Irwin Road, Elumbur, 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 respondents to release the petitioner by name Samuvel, Son of Siruvan, aged about 46 years now confining at

Madurai Central Prison under premature release on the basis of the premature release policy and Government order of the respondent No.1 as it stood on the date of the petitioner conviction as on 18.12.2007 and in accordance with law within the time stipulated by this Court. For Petitioner :Mr.R.Alagumani 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 24.11.2022 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 Mr.R.Alagumani, learned counsel for the petitioner ande Mr.A.Thiruvadikumar, learned Additional Public Prosecutor appearing for the respondents.

3.

Taking into consideration the facts and circumstance 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 24.11.2022 strictly 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, Fort St.George, Chennai-600 009.

2.The Additional Director General of Police/ Director of Prisons and Correctional Services C.M.D.A.Towers II, No.I, Gandhi Irwin Road, Elumbur, 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