Remanded

M.Palaneeswari v. State of Tamil Nadu

Madras HC11 Oct 2018WP(MD)/21225/2018

Case brief

AI extract

What is this about?

The court directed the first respondent to consider the petitioner's representation dated 21.08.2018 regarding the premature release of her husband, a life convict, after taking into account the Government Order passed on 01.02.2018. This direction must be completed within six weeks.

What did the court decide?

Direction to the first respondent to consider the petitioner's representation and pass appropriate orders within six weeks considering the relevant Government Order.

M.Palaneeswari Vs State of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2018)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2018 CORAM

¶3

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

¶4

W.P.(MD)No.21225 of 2018

M.Palaneeswari

...Petitioner

Vs.

1.State of Tamil Nadu

¶9

Represented by the Principal Secretary to Government Home (Prison IV) Department Secretariat, Fort St.George

¶10

Chennai 600 009

¶11

2.The Additional Director General of Police /Inspector General of Prison

¶12

No.1, Gandhi Irwin Salai

¶13

Egmore, Chennai 600 008

¶14

3.The Superintendent of Prison Madurai Central Prison Madurai 625 016 ....Respondents

¶15

PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to treat the petitioner's husband namely, Muthuramalingam S/o. Boominatha Thevar (C.P.No.4665) as having become eligible for the premature release by G.O.(Ms).No.64 Home (Prison-IV), Department, dated 01.02.2018 and release him forthwith.

¶16

For Petitioner : Mr.C.Mayilvahana Rajendran For Respondents : Mr.B.Bhagawathi Government Advocate

¶17

ORDER

¶18

This writ petition has been filed seeking for the premature release of the convict in accordance with G.O.(Ms).No.64 Home (Prison-IV), Department, dated 01.02.2018.

¶19

2.The husband of the petitioner is a life convict by Judgment dated 30.05.2006 passed by the learned Sessions Judge, Ramanathapuram in S.C.No.10 of 1996. He was convicted for the offences under Sections 147, 148, 324,, 307 and 302 I.P.C and was imposed a punishment of life sentence. This was confirmed by the Judgment of the Hon'ble Supreme Court in Crl.A.Nos.225 to 227 of https://hcservices.ecourts.gov.in/hcservices/ 2009, Crl.A.No.895 of 2009 and Crl.A.No.429 of 2015, dated 09.12.2016.

¶20

¶21

3.The learned counsel for the petitioner would submit that the petitioner made a representation dated 21.08.2018 to the respondents requesting for premature release of the life convict. The learned counsel also brought to the notice of this Court that the Government of Tamil Nadu has passed a remission G.O.(Ms).No.64 Home (Prison-IV), Department, dated 01.02.2018.

¶22

4.The learned Government Advocate would submit that the representation will be considered by the first respondent and an appropriate order will be passed, in accordance with law.

¶23

5.In view of the limited relief sought for by the petitioner, there shall be a direction to the first respondent to consider the representation dated 21.08.2018 given by the petitioner and pass appropriate orders, in accordance with law, after taking into consideration of G.O.(Ms).No.64 Home (Prison-IV), Department, dated 01.02.2018, passed by the Government of Tamil Nadu. The said process shall be completed within a period of six weeks from the date of receipt of a copy of this order.

¶24

6.With this direction, this Writ Petition is disposed of. No costs.

¶25

Assistant Registrar (CS-III)

¶26

// True Copy //

¶27

Sub Assistant Registrar(CS-IV)

¶28

¶29

(*)to be substituted the order already despatched on 14/11/2018

¶30

1.The Secretary to Government Home (Prison IV) Department Secretariat, Fort St.George, Chennai 600 009

¶31

2.The Additional Director General of Police /Inspector General of Prison No.1, Gandhi Irwin Salai Egmore, Chennai 600 008

¶32

3.The Superintendent of Prison

¶33

Madurai Central Prison, Madurai 625 016

¶34

(*)+1 CC To MR.C.MAYIL VAHANA RAJENDRAN, Advocate SR. NO. 90328

¶35

+1 CC TO The Special Government Pleader SR.NO. 90433 W.P.(MD)No.21225 of 2018 11.10.2018

¶36

MSA

¶37

https://hcservices.ecourts.gov.in/hcservices/ TR/RP/SAR-IV(09.11.2018)2P 4C TR/RP/SAR-IV(20.11.2018)2P 6C

M.Palaneeswari v. State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

M.Palaneeswari v. State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

S. Subramanian Vs the Sub Inspector of Police

Muthuraj Vs the Inspector of Police

I. Josi Vs K. Velu

Rajendran, Vs the Inspector of Police

Muthulakshmi, Vs State of Tamil Nadu

Kalai Eswari, Vs State of Tamil Nadu