M.Venkateswaran v. The Director General Of Prisons And Correctional Services,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.15447 of 2025 and W.M.P.(MD)No.11678 & 11680 of 2025 N.Venkateswaran ... Petitioner -vs1. The Director General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai 600 008.

2. The Superintendent of Prison, Central Prison, Trichy.

3. The Superintendent of Prison, Central Prison, Salem.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records connected with the order in No. TNPCS/3749/2025-EW3-12 dated 27.05.2025 passed by the first respondent insofar as it relates to the petitioner and quash the same, consequently directing the respondents to permit the petitioner to continue his service at the second respondent prison. For Petitioner : Mr.S.Malaikani For Respondents : Mr.K.Balasubramani Special Government Pleader 1/4

ORDER

This writ petition has been filed challenging the order passed by the first respondent in No. TNPCS/3749/2025-EW3-12 dated 27.05.2025 with a consequential direction to the respondents to permit the petitioner to continue his service at the second respondent prison.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that though larger relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the representation submitted by the petitioner dated 18.06.2025 is disposed of in accordance with law.

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 him 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, nonconsideration of the representation by the Statutory Authority would amount 2/4

to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In view of the above, this Court directs the respondents to consider the representation submitted by the petitioner dated 18.06.2025, on its own merits and pass appropriate orders, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

27.06.2025 NCC : Yes/No (1/4) Index : Yes / No sm Note: Issue order copy on 30.06.2025.

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VIVEK KUMAR SINGH, J.

sm TO:-

1. The Director General of Prisons and Correctional Services, Whannels Road, Egmore, Chennai 600 008.

2. The Superintendent of Prison, Central Prison, Trichy.

3. The Superintendent of Prison, Central Prison, Salem.

Order made in W.P.(MD)No.15447 of 2025 (1/4) Dated:

27.06.2025 4/4