Dismissed

S.Kumar @ Pushpakumar v. State of Tamil Nadu

Madras HC3 Jun 2024WP(MD)/2308/2024

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court dismissed a writ petition seeking premature release of the petitioner under G.O.(Ms) No.488. The Court accepted the respondents' submission that the petition was based on a representation rejected by G.O.(D) No.544, dated 30.04.2024. The petition was closed with liberty to challenge the rejection order separately.

What did the court decide?

Petition closed with liberty to challenge G.O.(D) No.544 in appropriate manner. No costs.

S.Kumar @ Pushpakumar Vs State of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2024)

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W.P.(MD) No.2308 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.06.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.P.(MD) No.2308 of 2024 and

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W.M.P.(MD) No.2318 of 2024

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S.Kumar @ Pushpakumar

... Petitioner

-vs-

State of Tamil Nadu

1.The Additional Chief Secretary to the Government Office of the Additional Chief Secretary to the Government

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Home (Prison IV) Department Secretariat, St.George Fort

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Chennai

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

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3.The Superintendent of Prison Trichirapalli Central Prison Trichirapalli

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... Respondents

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_____________ Page 1 of 5_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.2308 of 2024

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to release the petitioner as per the premature release by G.O.(Ms) No.488, Home (Prison-IV) Department, dated 15.11.2021 forthwith.

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For Petitioner : Mr.V.Selvakumar For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

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O R D E R

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[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]

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Prayer in this writ petition is to direct the respondents to release the petitioner as per premature release by G.O.(Ms) No.488, Home (Prison-IV) Department, dated 15.11.2021 forthwith.

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2. Today, when the matter was taken up for hearing, Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing for the respondents on instructions, submitted that the representation of the petitioner's daughter dated 23.08.2023 seeking premature release of her father / petitioner has been rejected by the first respondent vide G.O.(D) No.

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.2308 of 2024

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544, Home (Prison-IV) Department, dated 30.04.2024 and to that effect, he has also produced a copy of the said Government Order before this Court.

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3. In view of the above submission of the learned Additional Public

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Prosecutor, this writ petition is closed with liberty to the petitioner to challenge the said Government Order in G.O.(D) No.544, Home (Prison-IV) Department, dated 30.04.2024, in the manner known to law, if so desired. No costs. Consequently, connected miscellaneous petition is closed.

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[A.D.J.C., J.] [K.R.S., J.]

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03.06.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk

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To:

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1.The Additional Chief Secretary to the Government, Office of the Additional Chief Secretary

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to the Government,

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Home (Prison IV) Department, Secretariat, St.George Fort,

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Chennai.

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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

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W.P.(MD) No.2308 of 2024

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3.The Superintendent of Prison, Trichirapalli Central Prison, Trichirapalli.

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.2308 of 2024

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A.D.JAGADISH CHANDIRA, J. AND K.RAJASEKAR, J.

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krk

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W.P.(MD) No.2308 of 2024 and W.M.P.(MD) No.2318 of 2024

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03.06.2024

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_____________ Page 5 of 5_

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https://www.mhc.tn.gov.in/judis

S.Kumar @ Pushpakumar v. State of Tamil Nadu

Case brief

What is this about?

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S.Kumar @ Pushpakumar v. State of Tamil Nadu

Case brief

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