Madras High CourtWP(MD)/27885/2023dismissed as infructuous

Afros Ahmed v. The State Represented By Its The Secretary To Government Of Tamilnadu

2024-02-21Honourable Dr Justice G. Jayachandran,Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.M.P.(MD).No.23986 of 2023 Afros Ahmed .. Petitioner/Brother of the Detenu Vs.

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

2.The Superintendent of Central Prison, 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, Khader Mohideen, S/o.Fakir Ahamed, Life Convict No.20345, prematurely as per the G.Os in G.O.(Ms)No.64 dated 01.02.2018 and G.O.(Ms)No.488 dated 15.11.2021.

For Petitioner : Mr.R.Narayanan 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 his brother, who is a life convict prisoner, 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.31, Home (Prison - IV) Department, dated 12.01.2024, wherein, the petitioner's brother, namely, Khathar Mohideen, Life Convict Prisoner No.20345, had been released prematurely in view of the 115th birth centenary of Dr.Perarignar Anna. 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. Consequently, connected miscellaneous petition stands closed.

(G.J.,J.) (C.K.,J.) 21.02.2024 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 of Central Prison, 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 21.02.2024