Nikisha Chowdhury v. The Principal Secretary
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. 733 of 2025
1. Nikisha Chowdhury W/o. Mr. Shuvo chowdhury, No.343, 344, 6th Cross, 28th B Main Road, BTM layout, 2nd Stage, Bengaluru South, Bengaluru, Karnataka State -560076 .
Appellant(s) Vs
1. The Principal Secretary Public(Foreginers), Department, Secretariat, Fort St.George, Chennai-600 009.
2.The District Collector and Camp Officer Special Camp for Foreginers, Central Prison Campus, Tiruchirapalli-620001.
3.The Inspector of Police Central Crime Branch, Egmore, Chennai-600 008.
4.The Foreigners Regional Registration Officer Bureau of Immigration, Shatri Bhavan Annexure, No.26, Haddows Road, Nungambakkam, Chennai-600 006.
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 consider and dispose of the representation dated 14.08.2025 for release of the petitioner's husband from the Special Camp at Tiruchirappalli. For Petitioner :
Ms.S.Vedavalli 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 consider and dispose of the representation of the petitioner dated 14.08.2025 for release of her husband namely, Shuvo Chowdhury from the Special Camp at Tiruchirappalli.
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 14.08.2025, seeking release of her husband namely, Shuvo Chowdhury from the Special Camp at Tiruchirappalli, 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 Principal Secretary Public (Foreigners), Department, Secretariat, Fort St.George, Chennai-600 009.
2.The District Collector and Camp Officer Special Camp for Foreginers, Central Prison Campus, Tiruchirapalli-620001.
3.The Inspector of Police Central Crime Branch, Egmore, Chennai-600 008.
4.The Foreigners Regional Registration Officer Bureau of Immigration, Shastri Bhavan Annexure, No.26, Haddows Road, Nungambakkam, Chennai-600 006.
5. The Public Prosecutor, High Court of Madras, Chennai.
J.NISHA BANU J.
AND S.SOUNTHAR J.
ASI W.P. Crl. No. 733 of 2025 08-09-2025