Sheebarani v. The State Of Tamil Nadu, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM:

THE HONOURABLE MRS. JUSTICE J. NISHA BANU AND THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P.(Crl.)No.784 of 2025 Sheebarani W/o Balu ... Petitioner Vs.

1. The State of Tamil Nadu, rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The Director General of Police/ Director general of Prisons and Correctional Service, Whannels Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prison, Central Prison, Cuddalore-607 004.

... Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus to direct the respondents to consider the representation of the petitioner dated 08.08.2025 and to provide "A Class Privileges" to the petitioner's husband Mr.Balu, S/o Parsuraman, Convict Prisoner, Central Prison, Cuddalore.

For Petitioner : Mr. P.Pugalenthi For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

(The order of the Court was made by J.Nisha Banu,J.) This Writ Petition has been filed seeking for a direction to the respondents to consider the representation of the petitioner dated 08.08.2025 and to provide "A Class Privileges" to the petitioner's husband Mr.Balu, S/o Parsuraman, Convict Prisoner, Central Prison, Cuddalore.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. Learned counsel for the petitioner would state though a representation dated 08.08.2025 has been sent to the respondents to provide "A Class Privileges" to the petitioner's husband Mr.Balu, S/o Parsuraman, Convict Prisoner, Central Prison, Cuddalore, so far the said representation has not been considered by the respondents and the same is still pending.

4. 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.

5. 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 08.08.2025, seeking to provide "A Class Privileges" to the petitioner's husband Mr.Balu, S/o Parsuraman, Convict Prisoner, Central Prison, Cuddalore., if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of three (3) weeks from today and communicate the same to the petitioner.

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

To

1. The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The Director General of Police/ Director general of Prisons and Correctional Service, Whannels Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prison, Central Prison, Cuddalore-607 004.

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

J. NISHA BANU, J.

and S. SOUNTHAR, J.

vsi W.P.(Crl.)No.784 of 2025 09-09-2025