W.P(MD)No.8060 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

and

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

W.P(MD)No.8060 of 2022

Kalanjiyathal

...Petitioner

Vs.

1.State through

The Additional Chief Secretary,

Government of Tamil Nadu,

Home (Prison - IV) Department,

Fort St George,

Chennai.

2.The Inspector of General of Prisons,

Chennai.

3.The Deputy Inspector of General of Prison,

Central prison, Madurai.

4.The Superintendent,

Madurai Central Prison,

Madurai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of

India, praying this Court to issue a Writ of Mandamus to direct the

respondents 2 to 4 to forward the representation dated 08.11.2021

made on behalf of the petitioner to the first respondent with

further order or direction in the nature of a writ directing the

first respondent to pass necessary orders within the time frame

stipulated by this Court.

For Petitioner : Mr.N.Ananthapadmanabhan

for APN Law Associates

For Respondents

: Mr.S.Ravi,

Additional Public Prosecutor.

O R D E R

R.SUBRAMANIAN, J.

AND

N.SATHISH KUMAR, J.

The petitioner seeks a writ of Mandamus directing the

respondents to consider his representation dated 08.11.2021 for

premature release.

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W.P(MD)No.8060 of 2022

2. Mr.N.Ananthapadmanabhan, learned counsel appearing for

the petitioner would contend that the trial Court has directed that

the case of the petitioner should not be considered for premature

release till 20 years. Since the petitioner has completed 20 years

of incarceration, as of now, he would be eligible for consideration

of premature release.

3. Mr.S.Ravi, learned Additional Public Prosecutor, upon

instructions, would submit that the petitioner has completed 19

years 6 months and 12 days as on 25.04.2022. According to the

learned Additional Public Prosecutor, that difference occurs because

the petitioner availed ordinary leave for six (6) times.

4. In view of the same, this writ petition is disposed of

with a direction to consider the application of the petitioner for

premature release after expiry of twenty years period. It is open

to the petitioner to make another representation after expiry of

twenty years period.

Sd/-

Assistant Registrar (CS-I)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

rm

To:

1.The Additional Chief Secretary,

Government of Tamil Nadu,

Home (Prison - IV) Department,

Fort St George, Chennai.

2.The Inspector of General of Prisons,

Chennai.

3.The Deputy Inspector of General of Prison,

Central prison, Madurai.

4.The Superintendent,

Madurai Central Prison, Madurai.

5.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.

W.P(MD)No.8060 of 2022

29.04.2022

RD(23.05.2022) 2P 6C

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