Murugambal v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2025 CORAM :

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

1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009 2.The Director General of Prisons No.1, Gandhi Irwin Road Egmore, Chennai 600 008 3.The Superintendent of Prison Central Prison Coimbatore 4.The Superintendent of Prison Central Prison Salem ... 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 son Kozhi Sridhar, S/o.Palanisamy, ENRCT No.999 / PID No.32137 from Central Prison, Coimbatore 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 son Kozhi Sridhar, S/o.Palanisamy, ENRCT No.999 / PID No.32137 from Central Prison, Coimbatore to Central Prison, Salem. based on the representation dated 05.06.2025.

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 respondent to consider the representation of the petitioner dated 05.06.2025, seeking for transfer of the petitioner's son permanently from Central Prison, Coimbatore to Central Prison, Salem, 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.] 31.07.2025 kas Index: Yes/No Speaking / Non speaking To 1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009 2.The Director General of Prisons No.1, Gandhi Irwin Road Egmore, Chennai 600 008 3.The Superintendent of Prison Central Prison, Coimbatore 4.The Superintendent of Prison Central Prison, Salem 5.The Public Prosecutor High Court of Madras Chennai 600 104