V.Karpagam v. The Deputy Inspector General Of Prisons
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P.No.
30356 of 2024 V.Karpagam ... Petitioner Vs.
1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whennels Road, Egmore, Chennai 600 008.
2.The Superintendent of Prisons, 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, directing the respondents to consider the representation of the petitioner dated 19.08.2024 and grant 21 days ordinary leave to the petitioner's husband Venkatesan S/o.Thoppulan, aged 44 years, Convict Prisoner, CT.No.6949 now confined in the Central Prison-1, Puzhal, Chennai.
For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been instituted for directing the respondents to consider the representation of the petitioner dated 19.08.2024 and grant 21 days ordinary leave to the petitioner's husband Venkatesan S/o.Thoppulan, aged 44 years, Convict Prisoner, CT.No.6949 now confined in the Central Prison-1, Puzhal, Chennai.
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, nonconsideration 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 19.08.2024, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of one 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. No costs.
[S.M.S., J.] [V.S.G., J.] 14.10.2024 Index: Yes/No Speaking/Non-speaking order gd
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
gd To 1.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whennels Road, Egmore, Chennai 600 008.
2.The Superintendent of Prisons, Central Prison -1, Puzhal, Chennai - 600 066.
3.The Public Prosecutor, Madras High Court, Chennai - 104.
14.10.2024