Veeramuthu v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Veeramuthu S/o Paulraj ..

Petitioner v.

The State represented by its

1. The Deputy Inspector General of Prison Gandhi Irwin Road Egmore, Chennai 600 008

2. The Superintendent Puzhal Central Prison-I Puzhal 600 066 ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to grant ordinary leave for 28 days without escort to the detenu Veeramuthu, S/o Paulraj, aged about 49 years, convict prisoner, bearing Convict No.5874 and PID No.1994, confined at Central Prison, Puzhal-I.

For Petitioner ::

Mr.S.Pandiyan For Respondents ::

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by M.JOTHIRAMAN,J.) The writ petition has been instituted for directing the respondents to grant ordinary leave for 28 days without escort to the detenu Veeramuthu, S/o Paulraj, aged about 49 years, convict prisoner, bearing Convict No.5874 and PID No.1994, confined at Central Prison, Puzhal-I, by considering the representation of the petitioner dated 28.09.2024.

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 the 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 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 28.09.2024, 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. The writ petition stands disposed of accordingly. No costs. Index : yes (S.M.S.,J.) (M.J.R.,J.) 30.01.2025 ss

To

1. The Deputy Inspector General of Prison Gandhi Irwin Road Egmore Chennai 600 008

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

3. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 30.01.2025