A.Asina Banu v. The Principal Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN A.Asina Banu ... Petitioner Vs.

1.The Principal Secretary to Government, Home, Prison Department, Secretariat, Chennai - 600 009.

2.The Director General of Police and IG of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prisons, Central Prison, Puzhal - I (Conviction), Chennai.

... 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 representation dated 04.06.2025 and to grant 10 days emergency leave to the petitioner's husband Javeed Basha, S/o.Saleem Basha, aged 32 years, Convict Prisoner No.116351, now confined in the

Central Prison, Puzhal-I (Conviction), Chennai. For Petitioner : Mr.A.Dhanabal For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The petitioner who is the wife of the convict prisoner, has given a representation dated 04.06.2025 to the respondents herein, requesting to grant 10 days emergency leave to her husband/convict prisoner. 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 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 04.06.2025, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of one (1) week 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.] 26.06.2025 Index: Yes/No Speaking order/Non-speaking order Sni

M.S.RAMESH, J.

and V. LAKSHMINARAYANAN, J.

Sni To 1.The Principal Secretary to Government, Home, Prison Department, Secretariat, Chennai - 600 009.

2.The Director General of Police and IG of Prisons, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prisons, Central Prison, Puzhal - I (Conviction), Chennai.

4.The Public Prosecutor, High Court, Madras.

26.06.2025