Muniyappan v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2025 CORAM :

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

The State represented by its, 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St.George, Chennai - 600 009.

2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore Central Prison, Coimbatore - 641 018.

3.The Superintendent, Salem Central Prison, Salem - 636 007.

... 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 petitioner's mother representation and grant ordinary leave for 21 days without escort to the petitioner/detenu namely Muniyappan,

S/o.Muniyappan @ Thekappaiyan, aged about 38 years, Convict No.9907, detained at Central Prison, Salem.

For Petitioner : Mr.P.Bakiyaraj For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The life convict/petitioner's mother has given a representation dated 13.02.2025 to the respondents herein, requesting to grant 21 days ordinary leave to the petitioner/life convict. 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, non-consideration 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 mother'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's mother dated 18.02.2025, 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.

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

[M.S.R, J.] [V.L.N, J.] 17.06.2025 Index: Yes/No Speaking order/Non-speaking order Sni

M.S.RAMESH, J.

and V. LAKSHMINARAYANAN, J.

Sni To 1.The Secretary to Government of Tamil Nadu, Department of Home, Fort St.George, Chennai - 600 009.

2.The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore Central Prison, Coimbatore - 641 018.

3.The Superintendent, Salem Central Prison, Salem - 636 007.

4.The Public Prosecutor, High Court, Madras.

17.06.2025