Aneesunnissha, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE Aneesunnissha,
...Petitioner/ wife of the detenue
Vs.
1. The Secretary To Government Department Of Law, Courts And Prisons, Secretariat, Chennai.
2.The Director General Of Prisons Thalamuthu Natarajan Maligai, Gandhi Irwin Road, Chennai- 08.
3.The Superintendent Of Prisons Central Prison, Puzhal, Chennai.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the superintendent of prisons, central prison, Puzhal, Chennai, the 3rd respondent herein to consider the representation of the petitioner dated 26.02.2025 and grant leave of 15 days to the petitioner's husband.
For Petitioner : Mr.R. Rajan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
and , J.
This Writ Petition has been filed to direct the 3rd respondent to consider the representation of the petitioner dated 26.02.2025 and grant leave for 15 days to the petitioner's husband.
2. The petitioner states that her husband was convicted for the offence under Sections 8(c) read with Sections 29, 22 and 28 of NDPS Act and sentenced to undergo rigorous imprisonment for 10 years by the Principal Special Court under EC & NDPS Act in C.C.No.45 of 2015. Since the petitioner's husband has certain medical ailments, which requires immediate treatment, she made a representation dated 26.02.2025 before the respondents seeking 15 days leave for the her husband. 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 26.02.2025 before the respondents seeking leave for a period of 15 days, 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] [V.L.N., J] 13.06.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu To
1. The Secretary To Government Department Of Law, Courts And Prisons, Secretariat, Chennai.
2.The Director General Of Prisons Thalamuthu Natarajan Maligai, Gandhi Irwin Road, Chennai- 08.
3.The Superintendent Of Prisons Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and , J.
Anu 13.06.2025