Rakkammal.M v. The State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL M.Rakkammal : Petitioner Vs.
1.The State of Tamil Nadu, Rep. by The Principal Secretary to Government , Home (Prison-IV) Department, State of Tamil Nadu, Secretariat, St.George Fort, Chennai - 9.
2.The Additional Director General of Police / Inspector General of Prisons, C.M.D.A. Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai - 8.
3.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison, Madurai Division, Madurai Central Prison Campus, Madurai - 16.
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4.The Superintendent of Prison, Madurai Central Prison, Madurai District.
5.They Deputy Jailor, Open Air Prison, Purasadaiodaippu, Kalayarkoil, Sivagangai District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to release the petitioner's brother by name Sevugaraj (C.P.No.0100) son of Karupalagu, aged about 46 years now lodged and confined at Open Air Prison, Purasadaiodaippu, Sivagangai District have completed the more than 14 years of acutal sentence on the basis the G.O.Ms.No.488 of 2021 by considering the petitioner's representation dated 02.11.2023 in accordance with law within the time stipulated by this Court.
For Petitioner : Mr.R.Prakash For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 2/12
O R D E R
************ [Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity] has been filed with a Mandamus prayer qua a 'representation dated 02.11.2023' [hereinafter 'said representation' for the sake of convenience] which makes a plea for pre-mature release of WP petitioner's brother one Sevugaraj [C.P. No.0100] son of Karupalagu, who is a convict prisoner now lodged in Open Air Prison in Purasadaiodaippu in Sivagangai District for which the Superintendent of Prisons, Madurai Central Prison is the Superintendent.
2.The WP petitioner's brother Thiru.Sevugaraj shall be referred to as 'said prison inmate' for the sake of convenience and with an intention of using better / refined glossary. 3.Mr.R.Prakash, learned Counsel submits that the representation dated 02.11.2023 is remaining unattended, necessitating the filing of captioned WP.
4.Issue notice.
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5.Mr.A.Thiruvadi Kumar, learned State Additional Public Prosecutor accepts notice for all the respondents and submits on instructions that said representation is under consideration. 6.Before we proceed further, we deem it appropriate to scan and reproduce said representation as placed before us and the same is as follows:
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7.Learned Prosecutor submitted that as of 30.11.2023, said prison inmate has completed fourteen years, two months, two days sentence and he is eligible for consideration of premature release under G.O.Ms.No.488 of 2021 dated 15.11.2021 and therefore, the consideration is vide this G.O. This submission is recorded. Learned Prosecutor also submits that eight [8] weeks [by 14.02.2024] will be a reasonable time frame for continuing the consideration of said representation and concluding the same one way or the other.
8.In the light of the narrative thus far, captioned WP is disposed of with a direction to the first respondent to consider said representation [scanned and reproduced supra ie., representation dated 02.11.2023] on its own merits and in accordance with law as expeditiously as his business would permit but in any event by 14.02.2024. Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter and that is left open for being considered by the first respondent. 9/12
9.Captioned WP is disposed of in the aforesaid manner with the aforesaid directive qua time line set out supra. There shall be no order as to costs.
[M.S.,J.] & [R.S.V.,J.] 20.12.2023 Index : Yes/No Internet : Yes/No MR Post Script: (i) Upload forthwith.
(ii) All concerned are to act on this order being uploaded in official website of this Court without insisting on certified copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
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To 1.The Principal Secretary to Government, State of Tamil Nadu, Home (Prison-IV) Department, State of Tamil Nadu, Secretariat, St.George Fort, Chennai - 9.
2.The Additional Director General of Police / Inspector General of Prisons, C.M.D.A. Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai - 8.
3.The Deputy Inspector General of Prison, Office of the Deputy Inspector General of Prison, Madurai Division, Madurai Central Prison Campus, Madurai - 16.
4.The Superintendent of Prison, Madurai Central Prison, Madurai District.
5.They Deputy Jailor, Open Air Prison, Purasadaiodaippu, Kalayarkoil, Sivagangai District.
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M.SUNDAR, J.
and R.SAKTHIVEL, J.
MR ORDER MADE IN 20.12.2023 12/12