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Madras High CourtWP(MD)/28657/2024allowed

Deva @ Devaraj v. State Through The Principal Secretary

2024-12-02Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima4 pages

1 W.P.(MD)NO.28657 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MS.JUSTICE R. POORNIMA W.P.(MD)No.28657 of 2024 Deva @ Devaraj ... Petitioner Vs.

1. State through, The Principal Secretary, Government of Tamil Nadu, Home (Prison-IV) Department, Secretariat, Chennai.

2. The Additional Director General of Police and Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai.

3. The Inspector General of Prison, Chennai.

4. The Deputy General of Prison, Prison and Correctional Services Department, Madurai Range, Madurai.

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

... Respondents 1/4

2 W.P.(MD)NO.28657 OF 2024 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to release the petitioner namely Deva @ Devaraj who is confined at Central Prison, Madurai(life Convict Prisoner No.5105) and directing the respondents to treat the petitioner as an eligible life convict prisoner for premature release by G.O.(Ms)No.488 dated 15.11.2021 by considering the petitioner's representation dated 05.09.2024 within the time frame stipulated by this Court and set the petitioner at liberty. For Petitioner : Mr.S.Srikanth For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

* * *

O R D E R

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard both sides.

2. The petitioner is undergoing life imprisonment at Central Prison, Madurai for more than 14 years. He seeks premature release in terms G.O.(Ms)No.488 Home (Prison IV) Department dated 15.11.2021. He has given representation dated 05.09.2024. 2/4

3 W.P.(MD)NO.28657 OF 2024

3. The first respondent is directed to consider the petition-mentioned representation and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. We have not gone into the merits of the matter. This writ petition stands disposed of accordingly. No costs. (G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.) 2nd December 2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Principal Secretary, Government of Tamil Nadu, Home (Prison-IV) Department, Secretariat, Chennai.

2. The Additional Director General of Police and Inspector General of Prisons, Gandhi Irwin Road, Egmore, Chennai.

3. The Inspector General of Prison, Chennai.

4. The Deputy General of Prison, Prison and Correctional Services Department, Madurai Range, Madurai.

5. The Superintendent of Prison, 3/4

4 W.P.(MD)NO.28657 OF 2024 Central Prison, Madurai.

G.R.SWAMINATHAN,J.

AND R.POORNIMA, J.

PMU W.P.(MD)No.28657 of 2024 02.12.2024 4/4