T.Sudha, v. The Additional Chief Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN T.Sudha Thiyagarajan ... Petitioner Vs.

1.The Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009 2.The Director General of Police Director General of Prison and Correctional Service Whannels Road Egmore, Chennai 600 008 3.The Superintendent of Prison Central Prisoner Palayamkottai Tirunelveli 627 002 ... 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 issue an order of transfer to the petitioner's husband from

Palayamkottai Central Prison to Central Prison in Vellore District and Cuddalore Districts, near Kanchipuram based on the petitioner's representation dated 16.06.2025.

For Petitioner : Mr.S.Kasirajan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

V.LAKSHMINARAYANAN, J.

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to issue an order of transfer to the petitioner's husband from Palayamkottai Central Prison to Central Prison in Vellore District or in Cuddalore District, near Kanchipuram based on the petitioner's representation dated 16.06.2025.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. 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.

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 16.06.2025, seeking for transfer to the convict prisoner, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.

M.S.RAMESH, J.

V.LAKSHMINARAYANAN, J.

kas

5. With the above direction, this Writ Petition stands disposed of. [M.S.R, J.] [V.L.N, J.] 18.07.2025 kas Index: Yes/No Speaking / Non Speaking To 1.The Additional Chief Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009 2.The Director General of Police Director General of Prison and Correctional Service Whannels Road, Egmore Chennai 600 008 3.The Superintendent of Prison Central Prisoner, Palayamkottai Tirunelveli 627 002 4.The Public Prosecutor, High Court of Madras Chennai 600 104