Mariyammal v. The State of Tamil Nadu

O R D E R [Order of the Court was made by M.SUNDAR, J.] Captioned Writ Petition [hereinafter 'WP' for brevity] has been filed in this Court on 06.11.2023 with a Mandamus prayer qua a representation dated 18.07.2023 seeking premature release of writ petitioner's spouse one Thangapandi (Convict No.3683), son of Ramasamy now lodged in Central Prison, Madurai.

¶2Mr.C.Karthikeyan, learned counsel for petitioner submits that premature release plea is under Rule 341(2) of the Tamil Nadu Prison Rules 1983 [hereinafter 'said rules' for brevity].

¶3Learned counsel submits that the prison inmate has remained incarcerated from 1999 and has been pursuing premature release plea earlier too.

¶4Issue notice to respondents. Page No.2 of 7

¶5Mr.A.Thiruvadikumar, learned State Additional Public Prosecutor accepts notice for all respondents and submits on instructions that aforementioned 18.07.2023 representation for premature release under Advisory Board Scheme vide Rule 341(2) of said rules is under consideration and a call will be taken by the 1st respondent within eight weeks from today i.e., by 03.01.2024.

¶6Scanned reproduction of aforementioned 18.07.2023 representation as placed before us is as follows: Page No.3 of 7 Page No.4 of 7

¶7Suffice to say that respondents shall take a decision on the aforementioned representation as expeditiously as the business of the respondents would permit but in any event within eight weeks from today i.e., 03.01.2024. The decision taken shall be communicated under due acknowledgment to the writ petitioner within seven working days and to the prison inmate within three working days.

¶8Captioned WP is disposed of with the aforesaid directive. There shall be no order as to costs. (M.S., J.) (R.S.V., J.)

08.11.2023 Index : Yes / No : Yes / No bala To

¶1The Principal Secretary, State of Tamil Nadu, Home (Prison IV) Department, Fort St. George, Chennai-600 009.

¶2The Director General of Prisons C.M.D.A.Towers II, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

¶3The Deputy Inspector General of Prisons, O/o. Deputy Inspector General Office, Page No.5 of 7 Central Prison Campus, Madurai-625 016.

¶4The Superintendent, Central Prison, Madurai-625 016. Page No.6 of 7 W.P(MD)No.26832oofo2023 M.SUNDAR,oJ. and R.SAKTHIVEL,oJ. balaoo ORDERoMADEoIN W.P(MD)No.26832oofo2023 DATEDo:o08.11.2023 PageoNo.7oofo7

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2023 CORAM : THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Mariyammal ... Petitioner vs. 1. The State of Tamil Nadu, Rep. by its Principal Secretary, Home (Prison IV) Department, Fort St. George, Chennai-600 009. 2. The Director General of Prisons C.M.D.A.Towers II, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008. 3. The Deputy Inspector General of Prisons, O/o. Deputy Inspector General Office, Central Prison Campus, Madurai-625 016. 4. The Superintendent, Central Prison, Madurai-625 016. ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 18.07.2023 and prematurely release her Husband namely, Thangapandi (Convict No.3683) S/o.Ramasamy now confined at Central Prison, Madurai, under rule 341(2) of the Tamil Nadu Prison Rules 1983. Page No.1 of 7 For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor