IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.02.2017 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.1449 of 2016 Thiruselvi .. Petitioner Vs
1. The State of Tamil Nadu, rep by the Secretary, Department of Home, Fort St. George, Chennai-600 009.
2. The Superintendent of Central Prison, Palayamkottai Central Prison, Tirunelveli District. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, directing the respondents to produce the detenu, Ulaganathan, son of Adimoola Pandiyan, aged about 60 years, life convict, now confined in the Central Prison, Palayamkottai, before this court and to set him at liberty.
For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.V.M.R.Rajentran, APP ORDER [Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed by the petitioner, seeking a direction to the respondents to produce the petitioner's father, namely, UIaganathan, son of Adimoola Pandiyan, aged about 60 years, a life convict, now confined in the Central Prison, Palayamkottai, before this Court and to set him at liberty.
2 We have heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of the State.
3 The learned counsel appearing on behalf of the petitioner had submitted that the petitioner's father is a life convict and he has been serving his sentence of life imprisonment, in the Central Prison, Palayamkottai. It has been further submitted that the petitioner's father had completed 5 years of actual imprisonment, as a life convict, and he is aged 60 years, as on 15.9.2008 and therefore, he is eligible to be considered for premature release, as per G.O.Ms.No.1155, Home (Pri.IV) Department, dated 11.9.2008. The learned counsel appearing on behalf of the petitioner had further submitted that the petitioner's father had sent a representation, dated 23.1.2016, to the respondents, to consider him, for premature release. However, the said representation was not considered. Therefore, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the Secretary, Home Department, Government of Tamil Nadu, Fort St. George, Chennai, is directed to dispose of the representation, dated 23.1.2016, on merits and in accordance with law, within a specified period.
4 The learned Additional Public Prosecutor appearing on behalf of the respondents has submitted that the representation of the petitioner had been considered and a reply had been sent to the petitioner.
5 In view of the said submission made by the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of the respondents, this Court finds it appropriate to direct the respondents to furnish a copy of the reply to the petitioner. Accordingly, a direction is issued to the respondents to furnish a copy of the reply to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the copy of the reply, it may be open to the petitioner / convict concerned, to challenge the same, before the appropriate forum or the authority, in the manner known to law, if so advised. The Habeas Corpus Petition is closed, with the above directions.
[M.J.,J.] [T.M.,J.] 14.02.2017 vvk To
1. The Secretary, The State of Tamil Nadu, Department of Home, Fort St. George, Chennai-600 009.
2. The Superintendent of Central Prison, Palayamkottai Central Prison, Tirunelveli District.
3. The Public Prosecutor, High Court, Madras.
M.JAICHANDREN,J.
AND T.MATHIVANAN, J.
vvk H.C.P.No.1449 of 2016 14.02.2017