Lakshmi v. The Home Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Lakshmi ... Petitioner Vs.
1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009 2.The Director General of Prisons No.1, Gandhi Irwin Road Egmore Chennai 600 008 3.The Superintendent of Prison Coimbatore 4.The Superintendent of Prison Salem ... 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 permanently transfer the petitioner's husband viz. Mohan, S/o.Ramasamy, Convict No.1079, PID No.185688, from Central Prison, Coimbatore to Central Prison, Salem.
For Petitioner : Mr.P.M.Basil For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
The Writ Petition has been filed for the issuance of Writ of Mandamus, directing the respondents to permanently transfer the petitioner's husband viz. Mohan, S/o.Ramasamy, Convict No.1079, PID No.185688, from Central Prison, Coimbatore to Central Prison, Salem, by considering the petitioner's representation dated 06.08.2025.
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 06.08.2025, seeking for transfer of the convict prisoner permanently from Central Prison, Coimbatore to Central Prison, Salem, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period
kas of eight (8) weeks 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.] 25.08.2025 kas Index: Yes / No Speaking / Non Speaking To 1.The Home Secretary Home Department (Prison) Secretariat, Fort St. George Chennai 600 009 2.The Director General of Prisons No.1, Gandhi Irwin Road Egmore Chennai 600 008 3.The Superintendent of Prison
Coimbatore 4.The Superintendent of Prison Salem 5.The Public Prosecutor, High Court of Madras Chennai 600 104
kas 25.08.2025