Ramachandran v. State Rep By Its The Secretary To The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR W.P. Crl. No. 940 of 2025

1. Ramachandran S/o.Alimuthur, 1/24 1, Murungapatti post, Sivathaapuram (via), Salem-636 307 Appellant(s) Vs

1. State rep by its The Secretary to the Government of Tamilnadu Home Prison IV Department, The Secretariat of Tamilnadu, Chennai-600 009.

2.The Deputy inspector General of Prison Coimbatore Range, Coimbatore Central Prison, Coimbatore-641 018 3.The Superintendent Salem Central Prison, Salem-636 008 Respondent(s)

PRAYER:- The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of the Writ of Mandamus directing the respondents to grant ordinary leave for 30 days without escort to the detenu, Raja @ Periyasamy S/o.Ramachandran, aged about 51 years PID No.300711, confined at Central Prison, Salem.

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 seeking issuance of a Writ of Mandamus to direct the respondents to grant of ordinary leave for 30 days, without escort, to the petitioner's father/ convict, namely, Raja @ Periyasamy S/o.Ramachandran, aged about 51 years, PID No.300711, confined at Central Prison, Salem.

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 representation of the petitioner or the contentions of the affidavit filed in support of this Writ Petition, directs the respondents to consider the representation of the petitioner dated Nil (Postal Acknowledgment Receipt dated 14.08.2025) seeking ordinary leave for 30 days, without escort, to the father of the petitioner, namely, Raja @ Periyasamy, S/o. Ramachandran, aged about 51 years, PID No.300711, confined at Central Prison, Salem, 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.) 25-09-2025 ASI

To 1.The Secretary to the Government, Home Prison IV Department, The Secretariat of Tamilnadu, ,Chennai-600 009 2.The Deputy inspector General of Prison Coimbatore Range, Coimbatore Central Prison, Coimbatore-641 018 3.The Superintendent Salem Central Prison, Salem-636 008.

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

J.NISHA BANU J.

AND S.SOUNTHAR J.

ASI W.P. Crl. No. 940 of 2025 25-09-2025