Saravanan v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.37332 of 2024 Saravanan ... Petitioner/Accused No.1 Vs.

1.

The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009.

The Superintendent, Central Prison, Salem.

The State, Represented by the Inspector of Police, Omalur Police Station, Cr.No.1350/1997.

... Respondents/ Complainant

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to order and recommend to the Central Prison, Salem Superintendent for classifying the petitioner as "A" class under convicted prisoner" with necessary facilities to him for the said class as per Rules 226 of the Tamil Nadu Prison Rules, 1983. For Petitioner : Mr.P.M.Basil For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of mandamus can be entertained only if an aggrieved person approach the competent Authority under the relevant law and not otherwise. In the present case, the petitioner has not submitted any representation before approaching this Court by way of writ of mandamus. The learned Counsel appearing on behalf of the petitioner would submit that the petition was filed before the Sessions Court and it was returned.

4.

If so, the petitioner has to re-present the same by complying with the defects noticed by the registry. In any event, the present writ of mandamus is not entertainable, since the petitioner has not approached the competent Authority by way of representation, which is to be considered in accordance with the Rules. Thus, the petitioner is at liberty to approach the competent Authority in the manner known to law. 5.

Accordingly, the Writ Petition stands disposed of. No costs. [S.M.S., J.] [M.J.R., J.] 08.01.2025 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda

To 1.

The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009.

The Superintendent, Central Prison, Salem.

The Inspector of Police, Omalur Police Station, Cr.No.1350/1997.

4.

The Public Prosecutor, Madras High Court, Chennai - 600 104.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

veda W.P.No.37332 of 2024 08.01.2025