Madras High CourtWP(MD)/26458/2023dismissed as infructuous

Alagu v. State Of Tamil Nadu

2024-02-20Honourable Dr Justice G. Jayachandran,Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN Alagu .. Petitioner Vs.

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

2.The Additional Director General of Police / Inspector General of Prison, No.1, Gandhi Irwin Salai, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Madurai Central Prison, Madurai - 625 016.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to treat the

petitioner's husband namely Pandi S/o.Udaichi (C.P.No.3829) as having become eligible for the Premature release by G.O.(Ms)No.1155, Home (Prison-IV) Department, dated 11.09.2008 and G.O.(Ms)No.64, Home (Prison - IV) Department, dated 01.02.2018 and release him forthwith. For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondents : Mr.S.Ravi Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

The present Writ Petition is filed seeking Mandamus to direct the respondents to consider the petitioner's husband for premature release.

2. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor produced a copy of G.O.(Ms).No.22, Home (Prison-IV) Department, dated 10.01.2024, wherein, the petitioner's husband, namely, Pandi (Life Convict Prisoner No.3829), S/o.Udaichi, had been released prematurely subject to conditions. Therefore, nothing survives for adjudication in this Writ Petition.

3. Accordingly, the Writ Petition stands dismissed as infructuous. There shall be no order as to costs.

(G.J.,J.) (C.K.,J.) 20.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home (Prison - IV) Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Additional Director General of Police / Inspector General of Prison, No.1, Gandhi Irwin Salai, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Madurai Central Prison, Madurai - 625 016.

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

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

Lm 20.02.2024