Kandhasamy v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN and W.M.P.(MD).No.26437 of 2023 Kandhasamy .. Petitioner Vs.

1.The State of Tamil Nadu, Represented by, The Principal Secretary to Government, Home, Prohibition and 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, Palayamkottai Central Prison, Tirunelveli District.

.. Respondents 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's father by name Chelladurai, Son of Issac, aged about 72 years, now confining at Palayamkottai Central prison LCT No.968 under premature release on the basis of the Letter No.33476/PS1/2023 dated 11.08.2023 issued by the Respondent No.2 and G.O.Ms.No.430, Home (Pri.IV) Department, dated 11.08.2023 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.S.Ravi Additional Public Prosecutor

ORDER

(Order of the Court was made by C.KUMARAPPAN,J.) The present Writ Petition is filed by the petitioner seeking direction to the respondents to consider the premature release of his father, who is a life convict.

2. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents produced a copy of the communication from the third respondent dated 22.02.2024 and submitted that the life convict has died in harness on 13.02.2024. 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.) 23.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Principal Secretary to Government, The State of Tamil Nadu, Home, Prohibition and 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, Palayamkottai Central Prison, Tirunelveli District.

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

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

Lm 23.02.2024