Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 23307 (MAD)

RAMAR v. THE STATE REPRESENTED BY ITS

WP/5116/2025 · 2025-03-28

M S Ramesh, N Senthilkumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.5116 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.03.2025 CORAM : THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR W.P.No.5116 of 2025 and W.M.P.No.5678 of 2025 Ramar ... Petitioner Vs. The State Rep. by its, 1.Secretary to Government of Tamil Nadu, Home (Prison- IV) Department, Fort St.George, Chennai-600 009. 2.The Deputy Inspector General of Prison, Chennai Range, Egmore, Chennai-600 008. ... 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 consider the representation dated 26.11.2024 and consequently release the detenu namely Murugan, S/o.Ganapathy, aged about 42 years, bearing Convict No.2207, now confined at Central Prison Puzhal, prematurely as per the G.Os. in G.O(Ms).No.64 dated 01.02.2018 and G.O.(Ms).No.488 dated https://www.mhc.tn.gov.in/judis W.P.No.5116 of 2025 15.11.2021, G.O.(Ms)No.430 dated 11.08.2023. For Petitioner : Ms.K.Akshaya For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John ORDER (Order of the Court was made by M.S.RAMESH, J.) The petitioner herein has given a representation dated 26.11.2024 to the respondents herein, seeking premature release of his brother. Since the said representation has not been considered till date, the present Writ Petition has been filed. 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 an Authority, there is a duty cast upon them 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 Authority would amount to dereliction of duty https://www.mhc.tn.gov.in/judis W.P.No.5116 of 2025 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 petitioner in the affidavit filed in support of this Writ Petition, directs the respondents to consider the representation of the petitioner dated 26.11.2024, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order and communicate the same to the petitioner. 5. With the above direction, this Writ Petition stands disposed of. No costs. Connected miscellaneous petition is closed. [M.S.R, J.] [N.S, J.] 28.03.2025 Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Sni https://www.mhc.tn.gov.in/judis W.P.No.5116 of 2025 M.S.RAMESH, J. and N. SENTHILKUMAR, J. Sni To 1.Secretary to Government of Tamil Nadu, Home (Prison- IV) Department, Fort St.George, Chennai-600 009. 2.The Deputy Inspector General of Prison, Chennai Range, Egmore, Chennai-600 008. 3.The Public Prosecutor, High Court, Madras. W.P.No.5116 of 2025 28.03.2025 https://www.mhc.tn.gov.in/judis