Kanniyammal v. State Of Tamil Nadu Represented By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2024
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P(MD)No.26422 of 2023 Kanniyammal ... Petitioner Vs.
1.The State of Tamil Nadu, Represented by, The Principal Secretary, Home, Prohibition and Excise Department, State Secretariat, Fort St. George Chennai - 600 009.
2.The Director General of Police/Director General of Prisons and Correctional Services, C.M.D.A. Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai.
3.The Deputy Inspector General of Prisons, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai District.
4.The Superintendent of Prison, Madurai Central Prison, Madurai District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus to direct the respondents to release the petitioner's son by name Murugan, Son of Senthoor Pandi, aged about 38 years (Life Convict Prisoner No.4886) now confining at Madurai Central Prison under premature release on the basis of the Government Order in G.O.(Ms) No.488, Home (Prison IV) Department dated 15.11.2021 issued by the first respondent or Government Order in G.O.(Ms)No.430, Home (Prison - IV) Department, dated 11.08.2023 issued by the first respondent on the basis of the Advisory Board proceedings in accordance with Rule 341 of the Tamil Nadu Prison Rules 1983 in accordance with law within the time stipulated by this Court.
For Petitioner : Mr.R.Alagumani For Respondents : Mr.S.Ravi, Addl. Public Prosecutor
ORDER
J.NISHA BANU , J.
AND K.K.RAMAKRISHNAN, J.
This writ petition has been filed seeking for a direction to the respondents to release the petitioner's son by name Murugan, Son of Senthoor Pandi, aged about 38 years (Life Convict Prisoner No.4886) now confining at Madurai Central Prison under premature release on the basis of the Government Order in G.O.(Ms) No.488, Home (Prison
IV) Department dated 15.11.2021 issued by the first respondent or Government Order in G.O.(Ms)No.430, Home (Prison - IV) Department, dated 11.08.2023 issued by the first respondent on the basis of the Advisory Board proceedings in accordance with Rule 341 of the Tamil Nadu Prison Rules 1983 in accordance with law within a stipulated time.
2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor, on instructions, submitted that vide G.O(Ms)No.731 Home (Prison - IV) Department, dated 28.12.2023, the detenu/son of the petitioner is released prematurely and a copy of the said Government Order is also produced before this Court.
3. In view of the same, nothing survives for further adjudication in this writ petition. Accordingly, the writ petition is closed. Consequently, connected miscellaneous petition is closed. [J.N.B.,J.] & [K.K.R.K.,J.] 05.01.2024 Index :Yes/No NCC :Yes/No pm
To 1.The Principal Secretary, The State of Tamil Nadu, Home, Prohibition and Excise Department, State Secretariat, Fort St. George Chennai - 600 009.
2.The Director General of Police/Director General of Prisons and Correctional Services, C.M.D.A. Towers II, No.1, Gandhi Irvin Road, Egmore, Chennai.
3.The Deputy Inspector General of Prisons, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai District.
4.The Superintendent of Prison, Madurai Central Prison, Madurai District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
J.NISHA BANU , J.
AND K.K.RAMAKRISHNAN, J.
pm ORDER MADE IN 05.01.2024