M.Jeyasudha v. The Deputy Inspector General Of Prison,

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 M.Jeyasudha

...Petitioner/ wife of the detenue

Vs.

1.The Deputy Inspector General of Prison, Vellore Range, Vellore-2 2.The Superintendent of Prison, Central prison, Cuddalore-607 004.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 30.04.2025 and grant 21 days ordinary leave to the petitioner's husband namely Maruthupandiyan, son of Duraisamy, aged 50 years, (PID No.366486) Convict Prisoner No.16997, now confined at Central Prison, Cuddalore.

For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

and , J.

This Writ Petition has been filed to direct the respondents to consider the representation of the petitioner dated 30.04.2025 and grant ordinary leave for 21 days to the petitioner's husband namely Maruthupandiyan, son of Duraisamy, aged 50 years, (PID No.366486) Convict Prisoner No.16997, who is now confined at Central Prison, Cuddalore.

2. The petitioner states that her husband was convicted and sentenced to undergo life imprisonment by the Special Court for SC/ST (PoA) Act Cases, Cuddalore in S.C.No.3 of 2019 dated 24.09.2021. It is further stated that the petitioner's husband has served 31⁄2 years of imprisonment and that the prisoner is experiencing multiple health issues, including kidney problems and chest pain. Therefore, she made a

representation dated 30.04.2025 before the respondents seeking to grant ordinary leave for a period of 21 days, without escort for her husband. 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 30.04.2025 before the respondent seeking to grant ordinary leave for a period of 21 days, without escort for her husband, 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.

6. With the above direction, this Writ Petition (Criminal) 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 Deputy Inspector General of Prison,

Vellore Range, Vellore-2 2.The Superintendent of Prison, Central prison, Cuddalore-607 004.

3.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and , J.

Anu 12.08.2025