Vallimayil v. The State Rep By Its The Superintendent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-09-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR W.P. Crl. No. 818 of 2025

1. Vallimayil W/o. Muruganandham, F4, Rubi Mansion, Solomon Street, East Tambaram, Chennai-600059.

Appellant(s) Vs

1. The State rep by its The Superintendent Central Prison, Coimbatore-641018.

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 respondent to grant emergency leave of 6 days without escort to the detenue, Yokesh @ Lokesh, S/o.Muruganandham, aged about 24 years, PID No.380140, detained at Central Prison, Coimbatore.

For Appellant(s):

Mr. S.Manoharan For Respondent(s):

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 respondent to grant emergency leave of 6 days without escort to the detenu, Yokesh @ Lokesh, S/o.Muruganandham, aged about 24 years, PID No.380140, detained at Central Prison, Coimbatore.

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 respondent 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 respondent to consider the representation of the petitioner dated 29.08.2025, seeking grant of 6 days emergency leave to the convict prisoner, without escort, 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.

5. With the above direction, this Writ Petition stands disposed of. (J.NISHA BANU J.) (S.SOUNTHAR J.) 16-09-2025 ASI To

1. The Superintendent, Central Prison, Coimbatore-641018.

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

J.NISHA BANU J.

AND S.SOUNTHAR J.

ASI W.P. Crl. No. 818 of 2025 16-09-2025