Ponnammal v. The State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2023 CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL and W.M.P(MD)No.23615 of 2023 Ponnammal ... Petitioner vs.
1.The State of Tamil Nadu, Rep. by The Principal Secretary to Government, Home Prohibition & Excise Department, Fort St. George, Secretariat, Chennai - 9.
2.The Director General of Police / Director General of Prisons and Correctional Services, No.1, Gandhi Irvin Road, Egmore, Chennai - 8.
3.The Superintendent of Prison, Special Prison for Women, Trichy.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to release the petitioner by name Ponnammal, wife of Thangavel, aged about 88 years, now confining at Trichy Special Prison for Women under premature release on the basis of the G.O.Ms.No. 1155, Home (PrisonPage No.1 of 10
IV) Department, dated 11.09.2008 or G.O.Ms.488, Home (Prison-IV) Department, dated 15.11.2021 or Letter No. 33476/PS1/2023 dated 11.08.2023 issued by the respondent No. 2 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 within the time stipulated by this Honourable Court. For Petitioner : Mr.P.Prabhakar Pandian For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' ['WP' for the sake of brevity] has been filed in this Court on 16.11.2023.
2. Captioned WP pertains to premature release of Writ Petitioner, who is now confined as a convict prisoner in Trichy Special Prison for Women, having been convicted and handed down life sentence by Additional District and Sessions Judge's Court, Fast Track Court, Ariyalur vide S.C.No.22 of 2009. To be noted, appeal filed in this Court being Crl.A.518 of 2009 was dismissed on 03.12.2009 and learned Page No.2 of 10
counsel submits that prison inmate [Writ Petitioner] has already undergone more than 14 years of imprisonment. Learned counsel submits that prison inmate sent a representation dated 06.11.2023 seeking premature release on the basis of G.O.Ms.No.1155, Home (Prison-IV) Department, dated 11.09.2008 or G.O.Ms.488, Home (Prison-IV) Department, dated 15.11.2021 or Letter No. 33476/PS1/2023 dated 11.08.2023 issued by the respondent No. 2 or under the Advisory Board Scheme.
3. Issue notice.
4. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor accepts notice for all three respondents and learned Additional Public Prosecutor submits, on instructions, that the plea of Writ Petitioner for premature release is under active consideration under Advisory Board Scheme vide Rule 341 of Tamil Nadu Prison Rules, 1983 as well as aforementioned G.O.Ms.488, Home (Prison-IV) Department, dated 15.11.2021. Learned Additional Public Prosecutor submits that the plea of Writ Petitioner will be decided by the first respondent as expeditiously as possible [to be noted, Writ Petitioner is 88 years old] and eight [8] weeks from today will be a realistic time frame. Page No.3 of 10
5. We deem it appropriate to scan and reproduce the representation of the petitioner dated 06.11.2023 as placed before us for convenience of all concerned. The same is as follows:
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6. In the light of the narrative thus far, we deem it appropriate to dispose of the captioned WP with a directive to the first respondent to decide Writ Petitioner's plea for premature release inter alia vide representation dated 06.11.2023 as expeditiously as the business of the first respondent would permit but in any event within eight [8] weeks from today ie., by 16.01.2024.
7. Captioned WP is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. (M.S., J.) (R.S.V., J.) 21.11.2023 Index : Yes/No : Yes/No vsm Page No.8 of 10
To 1.The Principal Secretary to Government, State of Tamil Nadu, Home Prohibition & Excise Department, Fort St. George, Secretariat, Chennai - 9.
2.The Director General of Police / Director General of Prisons and Correctional Services, No.1, Gandhi Irvin Road, Egmore, Chennai - 8.
3.The Superintendent of Prison, Special Prison for Women, Trichy.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.SUNDAR, J.
and R.SAKTHIVEL, J.
vsm ORDER MADE IN DATED : 21.11.2023 Page No.10 of 10