Padmavathi v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-10-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR W.P. Crl. No. 1043 of 2025

1. Padmavathi W/o. Manikandan, No.72, Gnana Sowndari nagar, Thiruvandar Koil Street, Pudhucherry.

Appellant(s) Vs

1. The Chief Secretary Secretariat, Union Territory of Puducherry, Puducherry.

2.The Director General of Police 3.The Inspector General of Prison Central Prison, Kalapattu, Puducherry-605014.

4.The Chief Superintendent of Jails Government of Puducherry, Jail Department, Puducherry.

5.The Superintendent of Prison Sub Jail, Yanam, Puducherry.

6.The Inspector of Police Odiansalai Police Station, Puducherry.

Crime No.104 of 1998.

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 respondents to consider my representation dated 15.09.2025 and to grant ordinary parole for one month without escort to my husband Manikandan son of Sugunaraj bearing Convict/Prisoner NO.4954, confined in Central Jail, Kalapet, Puducherry, now confined in Sub Jail, Yanam.

For Appellant(s):

Mr. A.Murugavel For Respondent(s):

Mr. Ravikumar Additional Public Prosecutor (Puducherry)

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 respondents to consider the petitioner's representation dated 15.09.2025 seeking ordinary parole for a period of one month, without

escort to the petitioner's husband/ convict, namely, Manikandan, S/o.Sugunaraj, Prisoner No.4954, confined at Central Jail, Kalapet, Puducherry (presently confined at Sub Jail, Yanam.)

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 respondents to consider the representation of the petitioner dated 15.09.2025, seeking ordinary parole for a period of one month, without escort, to the convict prisoner, namely, Manikandan S/o.Sugunaraj, Prisoner No.4954, confined at Central Jail, Kalapet, Puducherry (presently confined at Sub Jail, Yanam), 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.) 09-10-2025 ASI To 1.The Chief Secretary Secretariat, Union Territory of Puducherry, 2.The Director General of Police 3.The Inspector General of Prison Central Prison, Kalapattu, Puducherry-605014.

4.The Chief Superintendent of Jails Government of Puducherry, Jail Department, Puducherry.

5.The Superintendent of Prison Sub Jail, Yanam, Puducherry.

6.The Inspector of Police Odiansalai Police Station, Puducherry.

7. The Additional Public Prosecutor,

J. NISHA BANU, J.

AND S. SOUNTHAR, J.

ASI W.P. Crl. No. 1043 of 2025 09-10-2025