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Madras High CourtWP Crl./755/2025disposed of

Keerthana v. The Deputy Inspector Of General Of Prisoner,

2025-09-08Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-09-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR W.P. Crl. No. 755 of 2025

1. Keerthana W/o.Ramachandiran, No.9/5, Haunting Graland, Angalamman Koil Street, Choolai, Chennai-600 112.

Appellant(s) Vs

1. The Deputy Inspector of General of Prisoner, Prison Head Quarters, Egmore, Chennai.

2.The Superintendent of Prison, Central Prison for Women, Puzhal, Chennai.

Respondent(s)

PRAYER The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents to grant leave for 21 days to the petitioner Mother namely Krishnaveni, W/o.Murugesan aged about 51 years, based on the representation of the petitioner dated 20.08.2025. For Appellant(s):

Mr. M.Madhankumar M.Prakasam For Respondent:

Mr. A. Gokulakrishnan Additional Public Prosecutor

ORDER

(Order of the Court was made by J. NISHA BANU, J.) The present Writ Petition has been filed for the issuance of a Writ of Mandamus directing the respondents to grant leave for 21 days to the petitioner's mother namely, Krishnaveni, wife of Murugesan, aged 51 years, confined at Central Prison for Women, Puzhal, Chennai, based on the petitioner's representation dated 20.08.2025.

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 20.08.2025, seeking grant of 21 days 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 four (4) weeks from today and communicate the same to the petitioner.

5. With the above direction, this Writ Petition stands disposed of. (J.NISHA BANU, J.) (S. SOUNTHAR, J.) 08-09-2025 ASI

To 1.The Deputy Inspector of General of Prisoner, Prison Head Quarters, Egmore, Chennai.

2.The Superintendent of Prison, Central Prison for Women, Puzhal, Chennai.

3. The Public Prosecutor, High Court of Madras, Chennai.

J. NISHA BANU, J.

AND S. SOUNTHAR, J.

ASI W.P. Crl. No. 755 of 2025 08-09-2025