V. Rajeshwari v. The Director General Of Police

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 V. Rajeshwari

...Petitioner/ daughter of the detenue

Vs.

1. The Director General of Police Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai - 600008.

2.The Superintendent of Prisons Central Prison - 1, Puzhal, Chennai - 600066.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 10.05.2025 and grant 28 days ordinary leave to the petitioner's father Minor Kurose @ Venkatagiri S/O Latsumaiya, aged 65 years, convict Prisoner, now confined in the Central Prison - 1, Puzhal, Chennai.

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 to consider the representation of the petitioner dated 10.05.2025 and grant 28 days ordinary leave to the petitioner's father Minor Kurose @ Venkatagiri S/O Latsumaiya, aged 65 years, convict Prisoner, now confined in the Central Prison - 1, Puzhal, Chennai.

2. The petitioner states that her father was convicted for the offence under Sections 120B IPC r/w Sections 302, 148, 302 and Section 3 of the Explosive Substances Act and sentenced to undergo imprisonment for life by the learned Sessions Judge for Bomb Blast Cases, Poonamallee, Chennai. Since the petitioner's house was in a dilapidated condition, which required to be renovated, the petitioner made a representation dated 10.05.2025 before the respondents seeking

28 days of ordinary leave, without escort. 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 10.05.2025 before the respondents seeking ordinary leave for 28 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 Director General of Police Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai - 600008.

2.The Superintendent of Prisons Central Prison - 1, Puzhal, Chennai - 600066.

3.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and , J.

Anu 13.06.2025