D.Thara v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.2569 of 2025 D.Thara ... Petitioner Vs.
1.
The Secretary, Government of Tamil Nadu, Home Department, Fort St.George, Chennai - -600 009.
The Deputy Inspector General of Prison, Prison Department, Whaneels Road, Ansari Estate, Egmore, Chennai - 600 008.
The Superintendent of Prison, Central Prison, Coimbatore.
The Inspector of Police, Thudiyalur Police Station, Coimbatore.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to grant parole for the petitioner Viz., Dhilip Kumar, S/o. Vishwanantha (Convict No.25162) who is now under incarceration at Central Prison, Coimbatore, for a period of one month without escorting to mobilize funds and to give better treatment for her daughter named Priyadarshini who is undergoing Diabetics Disease based on the petitioner's representation dated 07.11.2024. For Petitioner : Mr.D.Anantha Padmanabhan For Respondents : Mr. R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been instituted to direct the respondents to directing the respondents to grant parole to the petitioner's husband Viz., Dhilip Kumar, S/o. Vishwanantha (Convict No.25162) confined at Central Prison, Coimbatore, without escort based on the petitioner's representation dated 07.11.2024.
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
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. In view of the above observation, this Court, without going into the merits of the representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the respondents to consider the representation of the petitioner dated 07.11.2024, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of one week from the date of receipt of a copy of this order and communicate the same to the petitioner.
5.
With the above direction, this Writ Petition stands disposed of. No costs.
[S.M.S., J.] [M.J.R., J.] 30.01.2025 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda
To 1.
The Secretary, Government of Tamil Nadu, Home Department, Fort St.George, Chennai - -600 009.
The Deputy Inspector General of Prison, Prison Department, Whaneels Road, Ansari Estate, Egmore, Chennai - 600 008.
The Superintendent of Prison, Central Prison, Coimbatore.
The Inspector of Police, Thudiyalur Police Station, Coimbatore.
5.
The Public Prosecutor, Madras High Court, Chennai - 104.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
veda W.P.No.2569 of 2025 30.01.2025