Visalatchi v. The Additional Director General Of Prisons

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN Visalatchi ... Petitioner Vs.

1.The Additional Director General of Prisons, CMDA Tower-II, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent, Central Prison, Thorapadi Vellore, Tamil Nadu - 632 002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 2nd respondent to consider the representation of the petitioner dated 03.05.2025 and to admit the petitioner's husband namely Nagendran, S/o.Ponnusamy, aged 58 years, life convict prisoner No.1236, now confined in the Central Prison Vellore, as inpatient in RELA Hospital Chrompet or any other competent

hospital for providing proper medical treatment to him. For Petitioner : Mr.M.Balaji For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John (Advocate)

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The petitioner has given a representation dated 03.05.2025 to the respondents herein, requesting to admit her husband as inpatient in RELA Hospital, Chrompet or any other competent hospital for providing proper medical treatment to him. Since the said representation has not been considered till date, the present Writ Petition has been filed.

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 an Authority, there is a duty cast upon them 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, nonconsideration of the representation by the 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 03.05.2025, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of ten (10) days from the date of receipt of a copy of this order and communicate the same to the petitioner.

5. With the above direction, this Writ Petition stands disposed of. No

costs.

[M.S.R, J.] [V.L.N, J.] 03.06.2025 Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Sni Note: Issue Order Copy on 04.06.2025.

To 1.The Additional Director General of Prisons, CMDA Tower-II, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Superintendent, Central Prison, Thorapadi Vellore, Tamil Nadu - 632 002.

3.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and V. LAKSHMINARAYANAN, J.

Sni 03.06.2025