Chandramathi v. The Additional Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN Chandramathi ... Petitioner Vs.
1.The Additional Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008.
2.The Deputy Inspector General of Prison, O/o. Deputy Inspector General of Prison, Coimbatore Range, Coimbatore District.
3.The Superintendent of Prison, Salem Central Prison, Salem District.
... 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 grant 30 days ordinary leave without escort to the petitioner's
brother/convict prisoner namely Sakthivel, S/o.Thangarasu, PID-372007, now confined in 3rd respondent Central Prison, for the purpose of 'to making arrangements of fencing and repair the house', in pursuant to petitioner's representation dated 24.04.2025. For Petitioner : Mr.P.Muthamizhselvakumar For Respondents : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.RAMESH, J.) The petitioner who is the sister of a convict prisoner, has given a representation dated 24.04.2025 to the respondents 2 & 3 herein, requesting to grant 30 days ordinary leave to her brother/convict prisoner for arranging funds to repair house. 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 second and third respondents herein to consider the representation of the petitioner dated 24.04.2025, 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.] 07.07.2025 Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Sni
To 1.The Additional Director General of Police and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008.
2.The Deputy Inspector General of Prison, O/o. Deputy Inspector General of Prison, Coimbatore Range, Coimbatore District.
3.The Superintendent of Prison, Salem Central Prison, Salem District.
4.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and V. LAKSHMINARAYANAN, J.
Sni 07.07.2025