Karthicka.M v. The Superintendent,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-10-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR W.P. Crl. No. 1024 of 2025

1. Karthicka.M W/o.Manikandan, No.13-3-109, Karuppasamy Kovil Street, Thevaram, Theni-625 530 Appellant(s) Vs

1. The Superintendent, Central Prison, Puzhal-I, Chennai.

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 consider the representation of the petitioner dated 23.09.2025 and consequentially direct the respondent to grant one month Emergency Leave without police escort to the petitionerss husband namely Manikandan (PID No.431140), confined at Central Prison-I, Puzhal, Chennai.

For Petitioner :

Mr. P. Thanga Prithvi Rajan For Respondent:

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 one month Emergency Leave without escort to the petitioner's husband/ convict, namely, Manikandan S/o.Chinnasamy, PID No.431140, confined at Central Prison-I, Puzhal, Chennai.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

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 23.09.2025, seeking one month emergency leave, without escort, to the convict prisoner, namely, Manikandan S/o.Chinnasamy, PID No.431140, confined at Central Prison-I, Puzhal, Chennai, 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. No costs.

(J.NISHA BANU J.) (S.SOUNTHAR J.) 08-10-2025 ASI To

1. The Superintendent, Central Prison, Puzhal-I, Chennai.

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

J.NISHA BANU J.

AND S.SOUNTHAR J.

ASI W.P. Crl. No. 1024 of 2025 08-10-2025