S.Sagunthala v. Additional Director General Of Police And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P.No.
25509 of 2024 S.Sagunthala ... 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, Office of the Deputy Inspector General of Prison, Vellore District.
3.The Superintendent of Prison, Cuddalore Central Prison, Cuddalore District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing to the respondents grant 40 days ordinary leave without escort to petitioner son Convict Prisoner Mr.Hariharan S/o.Sankar CT-16191 now confine in Cuddalore Central Prison, for the purpose of "to making treatment of petitioner and arrangements of the marriage of the convict". In pursuant to petitioner representation dated on
08.08.2024.
For Petitioner : Mr.P.Muthamizh Selvakumar For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been instituted for directing to the respondents grant 40 days ordinary leave without escort to petitioner son Convict Prisoner Mr.Hariharan S/o.Sankar CT-16191 now confine in Cuddalore Central Prison, in pursuant to petitioner representation dated on 08.08.2024. However, the representation has not been considered till date, the petitioner has come forward with this Writ Petition.
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 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 08.08.2024, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of two 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.
[S.M.S., J.] [V.S.G., J.] 02.09.2024 Index: Yes/No Speaking/Non-speaking order gd
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
gd 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, Office of the Deputy Inspector General of Prison, Vellore District.
3.The Superintendent of Prison, Cuddalore Central Prison, Cuddalore District.
4.The Public Prosecutor, Madras High Court, Chennai - 104.
02.09.2024