R.Deepika v. The Additional Chief Secretary To The Home,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR R.Deepika
...Petitioner/ wife of the detenue
Vs.
1.The Additional Chief Secretary To The Home, Department Of Home, Government Of Tamil Nadu, Secretariat, Chennai.
2.The Director General Of Prison, O/o.The Director General Of Prison, Whanells Road, Egmore, Chennai District-600 008.
3.The Superintendent Of Prison, Central Prison Puzhal-I, Chennai District.
... 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 permit the petitioner's husband Convict Prisoner Mr.Radha @ Radhakrishnan S/o.Ramanujam (PID-281952) now confined at 3rd respondent prison to access the library, walking and keep books, in
pursuant to representation dated on 01.02.2025. For Petitioner : Mr.P.Muthamizhselvakumar For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
This Writ Petition has been filed to direct the respondents to permit the petitioner's husband Convict Prisoner Radha @ Radhakrishnan, S/o.Ramanujam, (PID-281952), now confined at 3rd respondent prison to access the library, walking and keep books, in pursuant to the representation dated 01.02.2025.
2. The petitioner states that her husband was convicted for the offence under Sections 148, 120B, 302 and Section 506(ii) IPC and sentenced to undergo imprisonment of life by the learned Additional Session Judge, Chennai in S.C.No.176 of 2013 dated 12.08.2024 and was confined at Central Prison, Puzhal-I, Chennai. It is further stated that the
petitioner's husband is not permitted to access the library of the prison. Therefore, the petitioner made a representation dated 01.02.2025 before the respondents seeking to access the prison library. 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 01.02.2025 before the respondents seeking to access the prison library, 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] 14.03.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu
To
1. The Additional Chief Secretary To The Home, Department Of Home, Government Of Tamil Nadu, Secretariat, Chennai.
2.The Director General Of Prison, O/o.The Director General Of Prison, Whanells Road, Egmore, Chennai District-600 008.
3.The Superintendent Of Prison, Central Prison Puzhal-I, Chennai District.
4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
Anu 14.03.2025