Vijayalakshmi v. The State Represented By Its, The Superintendent,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2025 CORAM :

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

The State represented by its 1.The Superintendent Central Prison Puzhal Chennai 600 066 ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondent to grant emergency leave for 6 days without escort to the detenu viz.Moganarangam, S/o.Valliyappan, aged about 53 years, convict prisoner, bearing PID No.36068, confined at Central Prison, Chennai. For Petitioner : Mr.P.Bakiyaraj For Respondents : Mr.A.Damodaran Additional Public Prosecutor Assisted by M.Arifa Thasneem

ORDER

M.S.RAMESH, J.

AND V.LAKSHMINARAYANAN, J.

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondent to grant emergency leave for 6 days without escort to the detenu viz.Moganarangam, S/o.Valliyappan, aged about 53 years, convict prisoner, bearing PID No.36068, confined at Central Prison, Chennai, by considering the representation of the petitioner dated 14.06.2025.

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 petitioner in the affidavit filed in support of this Writ Petition, directs the respondent to consider the representation of the petitioner dated 14.06.2025, seeking for emergency leave to the convict prisoner, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of one (1) 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. [M.S.R, J.] [V.L.N, J.] 28.08.2025 kas M.S.RAMESH, J.

and V.LAKSHMINARAYANAN, J.

kas

To 1.The Superintendent Central Prison Puzhal Chennai 600 066 2.The Public Prosecutor High Court of Madras Chennai 600 104 28.08.2025