Easwari v. State Rep By Its The Deputy Inspector General Of Police
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.767 of 2025 Easwari, W/o Chelladurai ... Petitioner Vs.
The State represented by its
1. The Deputy Inspector General of Prison, Chennai Range, Egmore, Chennai - 600 066.
2. The Superintendent of Prison, Central Prison Puzhal-1, Chennai - 600 066.
... Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the respondents to grant emergency leave for 6 days without escort to the detenu, Senthil Murugan S/o Chelladurai, aged about 43 years, Convict No.10710, detained at Central Prison, Puzhal-1, Chennai. For Petitioner : Mr.P.Divya 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 grant emergency leave for 6 days without escort to the detenu, Senthil Murugan S.o Chelladurai, aged about 43 years, Convict No.10710, detained at Central Prison, Puzhal-1, Chennai.
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 20.08.2025 has been sent to the respondents for grant of emergency leave for 6 days without escort to the detenu, the same has not been considered so far.
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 20.08.2025, seeking for grant of 6 days 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 two (2) 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 Deputy Inspector General of Prison, Chennai Range, Egmore, Chennai - 600 066.
2. The Superintendent of Prison, Central Prison Puzhal-1, Chennai - 600 066.
3. The Public Prosecutor, High Court of Madras, Chennai.
J. NISHA BANU, J.
and S. SOUNTHAR, J.
vsi W.P.(Crl.)No.767 of 2025 09-09-2025