Praveena v. The Deputy Inspector Generla Of Prisons,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Praveena
...Petitioner/daughter of the detenue
Vs.
1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai-600 008.
2.The Superintendent of Prisons, Central Prison, Coimbatore.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondent to grant ordinary leave for 21 days without escort to the petitioner's father namely Vignesh @ Dhanraj, S/o.Govindaraj, aged about 45 years, Convict Prisoner, Convict No.21030, Central Prison, Coimbatore.
For Petitioner : Ms.S.Nadhiya For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
The petitioner herein, who is the daughter of the life convict, has come forward with this Writ Petition seeking for 21 days of ordinary leave, without escort.
2. The petitioner states that her father was convicted in S.C.No.313 of 2012 under Sections 449, 392 and 302 r/w Section 34 IPC and sentenced to life imprisonment. The petitioner further states that she is pursuing B.Sc (IT) 2nd year and she requires the presence of her father to arrange funds for her educational expenses. Therefore, she made a representation dated 20.12.2024 before the respondents. Since the same has not been considered till date, the petitioner has come forward with this Writ Petition.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
4. 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.
5. In view of the above observation, this Court, without going into the merits of the petitioner's 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 20.12.2024, seeking to grant 21 days of ordinary leave to the convict prisoner, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of two (2) weeks from the
date of receipt of a copy of this order and communicate the same to the petitioner.
6. With the above direction, this Writ Petition stands disposed of. No costs.
[M.S.R., J] [N.S., J] 07.02.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu To 1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai-600 008.
2.The Superintendent of Prisons, Central Prison, Coimbatore.
3.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
Anu 07.02.2025