M.Rakku v. The Additional Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE and W.M.P.No.12927 of 2025 M.Rakku

...Petitioner/ mother of the detenue

Vs.

1. The Additional Chief Secretary To Government Home, Prohibition And Excise Department, Secretariat, Chennai- 09.

2.The Director General Of Police / Director General Of Prisons And Correctional Service, Whannels Road, Egmore, Chennai-08.

3.The Superintendent Of Prison Central Prison, Coimbatore- 641 018.

4.SRAVANAKUMAR Jailer Central Prison, Coimbatore- 641 018.

5.Chinna Marudhupandi Assistant Jailer Central Prison, Coimbatore- 641 018.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing respondents 1 to 3 to consider the representation of the petitioner dated 20.03.2025 and further directed respondents 1 to 3 to take appropriate action against respondents 4 and 5, who were involved in the assault of the Petitioner's son Thangaraj son of Muniyandi, on 19.3.2025. For Petitioner : Mr.P.Pugalenthi 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 respondents 1 to 3 to consider the representation of the petitioner dated 20.03.2025, and further direct the respondents 1 to 3 to take appropriate action against respondents 4 and 5, who were involved in the assault of the Petitioner's son Thangaraj son of Muniyandi, on 19.03.2025.

2. The petitioner states that the petitioner's son namely Thangaraj has been confined at Central Prison, Coimbatore as a remand prisoner. It is alleged that the prison authorities have forcibly removed the dress of

the prisoner and threatened him. Therefore, the petitioner made a representation dated 20.03.2025 before the respondents 1 to 3 seeking to take appropriate action against the respondents 4 and 5. 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 1 to 3 to consider the representation of the petitioner dated 20.03.2025 seeking to take appropriate action against the respondents 4 and 5, 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, after affording an opportunity of hearing to the petitioner and aggrieved persons, if any.

6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [V.L.N., J] 06.06.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu

To

1. The Additional Chief Secretary To Government Home, Prohibition And Excise Department, Secretariat, Chennai09.

2.The Director General Of Police / Director General Of Prisons And Correctional Service, Whannels Road, Egmore, Chennai-08.

3.The Superintendent Of Prison Central Prison, Coimbatore- 641 018.

4.SRAVANAKUMAR Jailer Central Prison, Coimbatore641 018.

5.Chinna Marudhupandi Assistant Jailer Central Prison, Coimbatore- 641 018.

6.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and , J.

and W.M.P.No.12927 of 2025 06.06.2025