Oviya Enterprises, v. Assistant Commissioner (St)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Senthilkumar ... Petitioner Vs.

The State represented by its, 1.The Deputy Inspector General of Prison Gandhi Irwin Road Egmore Chennai 600 008 2.The Superintendent Puzhal Central Prison - 1 Chennai 600 066 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to grant ordinary leave for 28 days without escort to the detenu, Senthilkumar, S/o.Annamalai, aged 46 years, Convict Prisoner, Convict No.1709 and PID No.34240, confined at Central Prison, Puzhal-1.

For Petitioner : Mr.P.Bakiyaraj For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

V.LAKSHMINARAYANAN, J.

This Writ Petition has been filed praying for the issuance of Writ of Mandamus, directing the respondents to grant ordinary leave for 28 days without escort to the detenu, Senthilkumar, S/o.Annamalai, aged 46 years, Convict Prisoner, Convict No.1709 and PID No.34240, confined at Central Prison, Puzhal-1.

2. The petitioner is convicted U/s.302 IPC 2 counts and sentenced to undergo life imprisonment by the learned Additional Sessions Court, Chennai in S.C.No.503 of 2005, dated 04.04.2008. The petitioner's daughter Gowsalya, 17 years has passed her 12th standard. Hence, the petitioner has to make arrangements to admit her in college for her higher studies and also to make arrangements for money to run their

family. Hence he is seeking 28 days ordinary leave to the respondents and has also given a representation dated 08.04.2025, since the same has not been considered till date, the petitioner has come forward with this Writ Petition.

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

4. 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.

5. In view of the above observation, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the respondents to consider the representation of the petitioner dated 08.04.2025, seeking for 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 one (1) week from the date of receipt of a copy of this order and communicate the same to the petitioner.

6. With the above direction, this Writ Petition stands disposed of. No costs.

[M.S.R, J.] [V.L.N, J.] 05.06.2025 kas Index: Yes/No Note: Issue Order Copy on 11.06.2025

To 1.The Deputy Inspector General of Prison Gandhi Irwin Road Egmore Chennai 600 008 2.The Superintendent Puzhal Central Prison - 1 Chennai 600 066 3.The Public Prosecutor, High Court of Madras Chennai 600 104

M.S.RAMESH, J.

V.LAKSHMINARAYANAN, J.

kas 05.06.2025