Ramathal v. The State Rep By Its, The Secretary To Government Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-07-2025

CORAM

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

1. The State Rep by its, The Secretary to Government of Tamilnadu, Home Department, Fort, St.George, Chennai-600 009.

2.The Superintendent, Coimbatore Central Prison, Coimbatore-641 018.

Respondent(s) Prayer : This writ petition has been filed under article 226 of the Constitution of India to issue a writ of mandamus directing the first respondent to consider the representation dated 21.06.2025 and consecutively premature release the life convict prisoner, detenue, Senthilkumar, S/o. Palanisamy, aged about 40 years, convict prisoner, bearing convict no.14662 and PID No.24657, at Central Prison, Coimbatore.

For Petitioner : Mr.S.Pandiyan For Respondent : Mr. E.Raj Thilak, Addl. Public Prosecutor 1/6

ORDER

M.S.RAMESH, J.

and V. LAKSHMINARAYANAN , J.

This writ of mandamus has been filed to consider the petitioner's representation dated 21.06.2025.

2. The petitioner states that her son was convicted for the offence under Section 302 of IPC and sentenced to undergo life imprisonment by the learned Additional District and Sessions Judge, Fast Track Court-I, Coimbatore in S.C.No.79 of 2010, dated 01.06.2011. The petitioner further states that her son has been in incarceration for more than 14 years.

3. It is further stated that the petitioner's son has undergone 14 years of imprisonment in connection with a murder case, and apart from that, there are no other cases pending against him. The petitioner, aged 84 years, is facing several hardships due to her advanced age and is living alone without any support. She earnestly wishes to spend her remaining days with her son. 2/6

Hence, she submitted a representation dated 21.06.2025 to the respondents seeking the premature release for her son. Since the same has not been considered till date, the petitioner has come forward with this Writ Petition.

4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

5. 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, nonconsideration 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. 3/6

5. 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 21.06.2025 seeking premature release for her son and pass appropriate orders on merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order and communicate the same to the petitioner.

6. With the above direction, this Writ Petition (Criminal) stands disposed of. No costs.

(M.S.R.,J.) (V.L.N., J.) 29-07-2025 mrp Index:Yes/No Speaking/Non-speaking order Internet:Yes To 4/6

1.The State Rep by its, The Secretary to Government of Tamilnadu, Home Department, Fort, St.George, Chennai-600 009.

2.The Superintendent, Coimbatore Central Prison, Coimbatore-641 018.

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M.S.RAMESH J.

AND V.LAKSHMINARAYANAN J.

mrp 29-07-2025 6/6