M.SELVARAJ v. The State Rep. by the Deputy Inspector General of Prisons,
WP Crl./59/2025 · 2025-06-13
M S Ramesh, V Lakshminarayanan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 65508 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65508 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.Crl.No.59 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.Crl.No.59 of 2025 M.Selvaraj ...Petitioner/ brother of the detenue Vs.
1. The State Rep. by the Deputy Inspector General of Prisons, coimbatore range, central prison campus, coimbatore - 641 018. 2.The State Rep. by the Superintendent of Prisons, central prison, coimbatore - 641
018. ... 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 of the petitioner dated 15.04.2025 and grant 30 days ordinary leave to the petitioner's brother Krishnan s/o.Udumalaigounder, aged 60 years Ct.No.20356 convict prisoner, now confined in the central prison, coimbatore. https://www.mhc.tn.gov.in/judis
W.P.Crl.No.59 of 2025 For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER M.S.RAMESH, J. and V. LAKSHMINARAYANAN
, J.
This Writ Petition has been filed to direct the respondents to consider the representation of the petitioner dated 15.04.2025 seeking 30 days ordinary leave to the petitioner's brother Krishnan s/o.Udumalaigounder, aged 60 years Ct.No.20356 convict prisoner, who is now confined at Central Prison, Coimbatore. 2. The petitioner states that his brother was convicted for the offence under Sections 376(1) and 302 IPC in S.C.No.3 of 2012 passed by the Mahila Court, Namakkal District and was sentenced to undergo imprisonment for life. Since the house of the petitioner's brother was in a dilapidated condition, which requires to be renovated, the petitioner made a representation dated 15.04.2025 before the respondents seeking 30 days of ordinary leave. Since the same has not been considered till https://www.mhc.tn.gov.in/judis
W.P.Crl.No.59 of 2025 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 respondents. 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 15.04.2025 before the respondents seeking ordinary leave for 30 days, if https://www.mhc.tn.gov.in/judis
W.P.Crl.No.59 of 2025 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. 6. With the above direction, this Writ Petition stands disposed of. No costs. [M.S.R., J] [V.L.N., J] 13.06.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Neutral Citation: Yes/No Anu To
1.
The Inspector General of Prisons, coimbatore range, central prison campus, coimbatore - 641 018. 2.The Superintendent of Prisons, central prison, coimbatore - 641
018. 3.The Public Prosecutor, High Court, Madras. Page 4 of 6 https://www.mhc.tn.gov.in/judis
W.P.Crl.No.59 of 2025 https://www.mhc.tn.gov.in/judis
W.P.Crl.No.59 of 2025 M.S.RAMESH, J. and V. LAKSHMINARAYANAN
, J.
Anu W.P.Crl.No.59 of 2025 13.06.2025 https://www.mhc.tn.gov.in/judis