A.Sangeetha v. The Director General Of Prisons

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN A.Sangeetha

...Petitioner/ wife of the detenue

Vs.

1.The Director General of Prisons and Correctional Services Prison Head Quarters, Egmore, Chennai-600 008 2.The Superintendent of Prison, Central Prison-1, Puzhal, Chennai-600 066 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to consider the representation of the petitioner dated 08.07.2025 and direct the respondents to transfer the petitioner's husband Alagiri, S/o.Perumal, aged 40 years, convict prisoner No.10122, (PID 105088) now confined at Central Prison-1, Puzhal, Chennai to the Central Prison, Trichy.

For Petitioner : Mr.P.Pugalenthi For Respondent : MrE.Raj Thilak Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

This Writ Petition has been filed to consider the representation of the petitioner dated 08.07.2025 and direct the respondents to transfer the petitioner's husband Alagiri, S/o.Perumal, aged 40 years, convict prisoner No.10122, (PID 105088), who is now confined at Central Prison-1, Puzhal, Chennai to the Central Prison, Trichy.

2. The petitioner states that her husband was convicted for the offence under Section 302 IPC and sentenced to undergo life imprisonment in S.C.No.18 of 2016 by the Mahila Court, Perambalur. Initially, he was detained at Central Prison, Trichy and was later transferred to Central Prison-1, Chennai. Since the petitioner, along with her children faced difficulties in visiting the prisoner at a location far from her residence, she made a representation dated 08.07.2025 before the respondents seeking to transfer the petitioner's husband from Central

Prison-1, Puzhal, Chennai to Central Prison, Trichy. Since the same has not been considered till date, the petitioner has come forward with this Writ Petition.

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

4. 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.

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

08.07.2025, seeking to transfer the petitioner's husband from Central Prison-1, Puzhal, Chennai to Central Prison, Trichy, 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.

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

[M.S.R., J] [V.L.N., J] 12.08.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu To 1.The Director General of Prisons and Correctional Services Prison Head Quarters, Egmore, Chennai-600 008 2.The Superintendent of Prison, Central Prison-1, Puzhal, Chennai-600 066

3.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

Anu 12.08.2025