Suyambu Lingam v. The State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-10-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR WP Crl. No. 1007 of 2025

1. Suyambu Lingam S/o. Samuthirapandi, No. 5/77, Amman Colony, Narasimapuram, Coimbatore South, Coimbatore- 641 008.

Petitioner(s) Vs

1. The State Represented by its The Deputy Inspector General of Prison, Coimbatore Range, Coimbatore- 641 018.

2.The Superintendent Coimbatore- 641 018.

Respondent(s) PRAYER: Writ Petition(crl) filed under Article 226 of Constitution of India to issue a Writ of Mandamus, directing the respondents to grant the ordinary leave for 30 days, without escort to the detenue, Suyambulingam S/o. Samuthirapandi, aged about 52 years, PID No. 19181, detained at Central Prison, Coimbatore.

For Petitioner(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 to issue a Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days, without escort to the detenue, viz., Suyambulingam S/o. Samuthirapandi, aged about 52 years, PID No. 19181, confined 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 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 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 22.08.2025, seeking for grant of 30 days ordinary 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.

5. With the above direction, this Writ Petition stands disposed of. (J.NISHA BANU, J.) (S. SOUNTHAR, J.) 07-10-2025 MST Note: Issue order on or before 09.10.2025 To

1. The Deputy Inspector General of Prison, Coimbatore Range,

Coimbatore- 641 018.

2.The Superintendent, Coimbatore- 641 018.

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

J. NISHA BANU, J.

and S. SOUNTHAR, J.

MST Writ Petition (Crl.) No.1007 of 2025 07.10.2025