Madras High CourtWP(MD)/29030/2023dismissed as infructuous

Shayeetha v. The State Represented By Its,

2024-02-22Honourable Dr Justice G. Jayachandran,Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.M.P.(MD).No.25081 of 2023 Shayeetha .. Petitioner/Mother of the Detenu Vs.

The State represented by its, 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St.George, Chennai - 600 009.

2.The Superintendent, Trichy Central Prison, Trichy - 620 020.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to consider the representation dated 13.05.2022 and consecutively release the detenu, Shajahan, S/o.Saleem, life Convict No.14270, prematurely, confined at Central Prison, Trichy, as per the G.Os in G.O.(Ms)No.1155 dated

11.09.2008, G.O.(Ms)No.64 dated 01.02.2018 and G.O.(Ms).No.488 dated 15.11.2021.

For Petitioner : M/s.S.Lakshmi For Respondents : Mr.S.Ravi Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN,J.

C.KUMARAPPAN,J.

The present Writ Petition is filed seeking Mandamus to direct the respondents to consider the petitioner's representation and release the petitioner's son, who is a life convict, by name, Shajahan, S/o.Saleem, prematurely.

2. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents produced a copy of G.O.(Ms).No.117, Home (Prison-IV) Department, dated 09.02.2024, wherein, the petitioner's son, Shajahan, was released prematurely in exercise of the power conferred under Article 161 of the Constitution of India. Hence, 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. Consequently, connected miscellaneous petition stands closed.

(G.J.,J.) (C.K.,J.) 22.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Secretary to Government of Tamil Nadu, State, Department of Home, Fort St.George, Chennai - 600 009.

2.The Superintendent, Trichy Central Prison, Trichy - 620 020.

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

DR.G.JAYACHANDRAN,J.

C.KUMARAPPAN,J.

Lm 22.02.2024