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2025 DAILYLAW 41492 (MAD)

J.ANGAMMAL v. THE CHIEF SECRETARY TO THE GOVERNMENT

WP/11303/2025 · 2025-06-13

M S Ramesh, V Lakshminarayanan

Transfer Petitionbody2025

Judgment text

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W.P.No.11303 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.06.2025 CORAM THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN W.P.No.11303 of 2025 J.Angammal .. Petitioner Vs. 1.The Chief Secretary to the Government, Union of Puducherry, Chief Secretariat, Puducherry. 2.The Inspector General of Prison, Government of Puducherry, Jail Department, Puducherry. 3.The Superintendent of Central Prison, Kalapet, Puducherry (Union Territory of Puducherry), Puducherry. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to the respondent to grant 30 days emergency leave without escort to the husband of the petitioner namely Jeeva bharathi @ Jeeva S/o.Mohan Doss by considering petitioner representation dated 12.03.2025. 1/4 https://www.mhc.tn.gov.in/judis W.P.No.11303 of 2025 For Petitioner : Mr.R.Thamarai Selvan For Respondents : Mr.Ramachandramoorthy Additional Public Prosecutor (Pondy) O R D E R (Order of the Court was made by M.S.RAMESH, J.) The petitioner has given a representation dated 12.03.2025 to the respondents herein, requesting for grant of 30 days emergency leave to her husband, who is a convict prisoner confined in Central Prison, Kalapet, Puducherry. 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 (Pondy) 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 and hence, this Court will be justified in invoking its 2/4 https://www.mhc.tn.gov.in/judis W.P.No.11303 of 2025 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 herein to consider the representation of the petitioner dated 12.03.2025, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of two (2) weeks 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. (M.S.R., J) (V.L.N., J) 13.06.2025 krk Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No 3/4 https://www.mhc.tn.gov.in/judis W.P.No.11303 of 2025 M.S.RAMESH, J. and V.LAKSHMINARAYANAN, J. krk To 1.The Chief Secretary to the Government, Union of Puducherry, Chief Secretariat, Puducherry. 2.The Inspector General of Prison, Government of Puducherry, Jail Department, Puducherry. 3.The Superintendent of Central Prison, Kalapet, Puducherry (Union Territory of Puducherry), Puducherry. 4.The Public Prosecutor, High Court, Madras. W.P.No.11303 of 2025 13.06.2025 4/4 https://www.mhc.tn.gov.in/judis