Lakshmi v. The Deputy Inspector General Of Prison,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2025 CORAM :

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

The State represented by its 1.The Deputy Inspector General of Prison (DIG) Coimbatore Range Central Prison, Coimbatore Coimbatore 641 018 2.The Superintendent Central Prison Salem 636 008 ... 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 grant ordinary leave of 30 days without escort to the detenu viz. Sakthivel, S/o.Annaiappan, aged about 37 years, convict No.9904, PID 116612, confined at Central Prison, Salem.

For Petitioner : Mr.S.Manoharan

For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

V.LAKSHMINARAYANAN, J.

The Writ Petition has been filed for the issuance of Writ of Mandamus, to direct the respondents to grant ordinary leave of 30 days without escort to the detenu viz. Sakthivel, S/o.Annaiappan, aged about 37 years, convict No.9904, PID 116612, confined at Central Prison, Salem, by considering the representation of the petitioner dated 12.06.2025.

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 affidavit filed in support of this Writ Petition, directs the respondents to consider the representation of the petitioner dated 12.06.2025, seeking for grant of 30 days ordinary leave to convict prisoner without escort, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of two (2) 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.] 07.08.2025 kas Index: Yes / No Speaking / Non Speaking To 1.The Deputy Inspector General of Prison (DIG) Coimbatore Range Central Prison, Coimbatore Coimbatore 641 018 2.The Superintendent Central Prison Salem 636 008 3.The Public Prosecutor, High Court of Madras Chennai 600 104