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Madras High CourtWP/739/2025disposed of

Revathi v. Deputy Commercial Tax Officer

2025-01-29Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-09-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR W.P. Crl. No. 739 of 2025

1. Shanthi W/o.Devaraj, No.32/17, Vivekanandapuram 1 st Street, West Mambalam, Chennai-600 033.

Appellant(s) Vs

1. The Director General of Police and Director General of Jails and Correctional Services, Whannels Road, Egmore, Chennai-600 008.

2.The Superintendent of Prisons, Central Prison-I, Puzhal, Chennai-600 066.

Respondent(s)

PRAYER The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents herein to grant parole for a period of one month to the prisoner brother namely, Dhamodharan, S/o.Murugesan bearing CT No.8046 confined at second respondent prison on the basis of the petitioner's brother's (convict) representation dated 10.04.2025. For Appellant(s):

Mr. G. Mahesh Kumar For Respondent:

Mr. A. Gokulakrishnan Additional Public Prosecutor

ORDER

(Order of the Court was made by J. NISHA BANU, J.) The present Writ Petition has been filed for the issuance of a Writ of Mandamus directing the respondents to grant parole for a period of one month to the prisoner namely, Dhamodharan, S/o.Murugesan bearing C.T No.8046 confined at Central Prison-1, Puzhal, Chennai, on the basis of the petitioner's brother's (convict) representation dated 10.04.2025.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such,

non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In view of the above observation, this Court, without going into the merits of the petitioner's brother's (convict) representation or the contentions of the affidavit filed in support of this Writ Petition, directs the respondents to consider the representation of the petitioner's brother's (convict) representation dated 10.04.2025 seeking grant of parole for a period of one month to the convict prisoner, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of four (4) weeks from today and communicate the same to the petitioner.

5. With the above direction, this Writ Petition stands disposed of. (J.NISHA BANU J.) (S.SOUNTHAR J.) 08-09-2025 ASI

To 1.The Director General of Police and, Director General of Jails and Correctional Services, Whannels Road, Egmore, Chennai-600 008.

2.The Superintendent of Prisons, Central Prison-I, Puzhal, Chennai-600 066.

3. The Public Prosecutor, High Court of Madras, Chennai.

J.NISHA BANU J.

AND S.SOUNTHAR J.

ASI W.P.Crl. No. 739 of 2025 08-09-2025