Lingadurai v. The State Of Tamil Nadu, Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and WMP(MD) No.25956 of 2023 Lingadurai ... Petitioner -vsThe State of Tamil Nadu rep.by 1.The Principal Secretary to Government Home Prohibition and Excise Department Fort St.George Chennai-600 009 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 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to release the petitioner by
name Lingadurai, son of Samuvel, aged about 39 years, now confining at Palayamkottai Central Prison under premature release on the basis of the G.O.Ms.1155, Home (Pri IV) Department, dated 11.09.2008 or G.O.Ms.488, Home (Pri IV) Department, dated 15.11.2021 or Letter No. 33476/PS1/2023 dated 11.08.2023 issued by the Respondent No.2 or under advisory board proceedings under rule 341 of the Tamilnadu Prison Rules or any other appropriate order of government scheme in accordance with law within the time stipulated by this Court For Petitioner :
Mr.A.Alagumani For Respondents :
Mr.A.Thiruvadi Kumar Additional Public Prosecutor
O R D E R
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Prayer in this writ petition is to direct the respondents to release the petitioner by name Lingadurai, son of Samuvel, aged about 39 years, now confining at Palayamkottai Central Prison under premature release on the basis of the G.O.Ms.1155, Home (Pri IV) Department, dated 11.09.2008 or G.O.Ms.488, Home (Pri IV) Department, dated 15.11.2021 or Letter No.
33476/PS1/2023 dated 11.08.2023 issued by the Respondent No.2 or under advisory board proceedings under rule 341 of the Tamil Nadu Prison Rules or any other appropriate order of Government scheme in accordance with law within the time stipulated by this Court
2. Today, when the matter was taken up for hearing, Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, on instructions, submitted that the representation of the petitioner dated 06.11.2023 was considered and the same has beeen rejected.
3. In view of the above submission of the learned Additional Public Prosecutor, this writ petition is closed with liberty to the petitioner to challenge the order of rejection in the manner known to law, if so desired. No costs. Consequently connected miscellaneous petition is closed. [A.D.J.C., J.] [K.R.S., J.] 22.04.2024 NCC :
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To:
1.The Principal Secretary to Government Home Prohibition and Excise Department Fort St.George Chennai-600 009 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
A.D.JAGADISH CHANDIRA, J.
AND K.RAJASEKAR, J.
aav 22.04.2024