Valarmathi v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Valarmathi ... Petitioner Vs.

The State represented by its 1.The Secretary to the Government of Tamilnadu, Home Department, Fort St.George, Chennai-600 009.

2.The Director Inspector General of Prison Chennai Range Egmore Chennai-600 008 3.The Superintendent of Prison, Central Prison 1 Puzhal 600 066 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents

to admit the petitioner's son, the detenu, Arun @ Arun Kumar, aged about 33 years, LCT No.8134. confined at Central Prison, Puzhal - I, to the Stanely Government Hospital, Chennai to undergo treatment. For Petitioner : Dr.S.Manoharan For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvestor John

ORDER

M.S.RAMESH, J.

N.SENTHILKUMAR , J.

The petitioner herein, who is the mother of the life convict, has come forward with this Writ Petition seeking for a direction to consider her representation sent to the respondents on 23.01.2025 through the Registered Post.

2. The petitioner states that her son was convicted U/s.341 r/w 149, 148 and 302 r/w 149 IPC and sentenced to undergo 1 month S.I. U/s.341 r/w 149 IPC; to undergo 3 years R.I. and to pay a fine of Rs.1,000/- in default to undergo S.I. for 6 months U/s.148 IPC to undergo life imprisonment and to pay a fine of Rs.5,000/- in default to undergo S.I.

for 1 year U/s.302 IPC in S.C.No.282 of 2016 vide order dated 17.09.2020 on the file of learned II Additional Sessions Judge, Chennai and he has been undergoing the imprisonment for more than 7 years. She added that her son has been suffering from severe pain and disability in his left hand for years and his left ring finger got fractured and he is suffering from grievous injuries leading to extreme pain and immobility of the affected finger. Due to severity of his injury, he is unable to move, straighten or bend the affected finger and it is impossible for her son to lift or pick objects and carry out his daily tasks. His condition is worsening day by day.

When the petitioner's son was taken to the Stanley Government Hospital earlier, the doctors insisted for a surgery to protect the ring finger, but till date no surgery has been done to her son, due to which her son is suffering from persistent pain and discomfort in prison. Therefore, she has sent a representation dated 23.01.2025 before the respondents 1 to 3. 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 23.01.2025, seeking for medical treatment to the convict prisoner, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of one (1) week 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.] 17.02.2025 kas Index: Yes/No Note:Issue order copy on .02.2025 To 1.The Secretary to the Government of Tamilnadu, Home Department, Fort St.George, Chennai-600 009.

2.The Director Inspector General of Prison Chennai Range Egmore Chennai-600 008 3.The Superintendent of Prison, Central Prison 1 Puzhal 600 066

M.S.RAMESH, J.

N.SENTHILKUMAR , J.

kas 4.The Public Prosecutor, High Court, Madras.

17.02.2025