M.Suneetha v. The Superintendent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN M.Suneetha ... Petitioner Vs.
1.The Superintendent Central Prison, Puzhal - I Chennai 600 066 2.The State rep. by The Inspector of Police K8, Arumbakkam Police Station Chennai ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 1st respondents to consider the representation dated 17.07.2025, consequentially direct the respondents to permit the petitioner's husband to undergo surgery in any private hospital.
For Petitioner : Mr.M.Ragul Kousik For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
V.LAKSHMINARAYANAN, J.
The Writ Petition is filed seeking for issuance of writ of Mandamus, directing the 1st respondents to consider the representation of the petitioner dated 17.07.2025, consequentially direct the respondents to permit the petitioner's husband to undergo surgery in any private hospital.
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 17.07.2025, seeking permission to the convict prisoner to undergo surgery in any private hospital, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of one (1) week 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. [M.S.R, J.] [V.L.N, J.] 11.08.2025 kas M.S.RAMESH, J.
V.LAKSHMINARAYANAN, J.
kas To 1.The Superintendent Central Prison, Puzhal - I Chennai 600 066 2.The State rep. by The Inspector of Police K8, Arumbakkam Police Station Chennai 3.The Public Prosecutor, High Court of Madras Chennai 600 104 11.08.2025