Ganesan 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 W.M.P.(MD).No.25952 of 2023 Ganesan .. Petitioner Vs.

1.The State of Tamil Nadu, Represented by, The Principal Secretary to Government, Home (Prison) Department, State of Tamil Nadu, Secretariat, St.George Fort, Chennai - 9.

2.The Director General of Prisons Correctional Services, Tamil Nadu Prison Head Quarters, No.6, Whennals Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison, Madurai, Madurai District.

.. Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the Respondent No.1 to release the petitioner by name Ganesan, son of Sanmugam, aged about 70 years, now confining at Central Prison, Madurai under premature release on the basis of the G.O.No.488, Home (Pri IV) Department, dated 15.11.2021 and on the basis of the order of this Court in W.P.(MD).No.16240 of 2023 dated 06.07.2023 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

DR.G.JAYACHANDRAN,J.

C.KUMARAPPAN,J.

The present Writ Petition is filed for Mandamus seeking direction to the respondents to consider the premature release of the petitioner, who is a life convict.

2. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents submitted that the request of the convict for premature release was considered and rejected

by the Government vide G.O.(D).No.71, Home (Prison - IV) Department, dated 23.01.2024.

3. Recording the same, this Writ Petition is dismissed as infructuous with liberty to the petitioner to challenge the rejection order in the manner know to law, if so advised. 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, Home (Prison) Department, State of Tamil Nadu, Secretariat, St.George Fort, Chennai - 9.

2.The Director General of Prisons Correctional Services, Tamil Nadu Prison Head Quarters, No.6, Whennals Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison, Madurai, Madurai District.

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

DR.G.JAYACHANDRAN,J.

C.KUMARAPPAN,J.

Lm 23.02.2024