Bharathi v. The Principal Secretary To Government, Home Department, Prison,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2025 CORAM :

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

1.The Principal Secretary to Government Home Department Prison Fort St. George Chennai 600 009 2.The Director General of Prisons No.1, Thalamuthu Natarajan Maaligai 2nd Floor, Gandhi Irwin Road Egmore, Chennai 600 008 3.The Deputy Inspector General of Prisons Cuddalore Range Cuddalore 4.The Superintendent of Prisons 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 permanently transfer the petitioner's husband viz.Prakash, S/o.Sathyamoorthy, CT.No.974, PID No.21049 from Central Prison, Cuddalore to Central Prison, Salem.

For Petitioner : Mr.P.M.Basil 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 permanently transfer the petitioner's husband viz.Prakash, S/o.Sathyamoorthy, CT.No.974, PID No.21049 from Central Prison, Cuddalore to Central Prison, Salem.

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 respondent to consider the representation of the petitioner dated 01.07.2025, 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.] 25.07.2025 kas Index: Yes/No Speaking / Non speaking To 1.The Principal Secretary to Government Home Department Prison Fort St. George, Chennai 600 009 2.The Director General of Prisons No.1, Gandhi Irwin Road Egmore, Chennai 600 008 3.The Deputy Inspector General of Prisons Cuddalore Range, Cuddalore 4.The Superintendent of Prisons Central Prison, Salem 636 007 5.The Public Prosecutor High Court of Madras Chennai 600 104