M. Annamai v. The Director General of Prisons and Correctional Service
WP Crl./237/2025 · 2025-07-07
M S Ramesh, V Lakshminarayanan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 73747 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73747 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.Crl.No.237 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN W.P.Crl.No.237 of 2025 M.Annamai ... Petitioner Vs. 1.The Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai – 600 008. 2.The Inspector General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai – 600 008. 3.The Superintendent of Prisons, Central Prison, Cuddalore. 4.The Inspector of Police, AWPS, Virudhachalam, Cuddalore District. (Crime No.8 of 2021) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, https://www.mhc.tn.gov.in/judis
W.P.Crl.No.237 of 2025 praying for the issuance of Writ of Mandamus, directing the 3rd respondent herein to grant emergent leave for a period of 30 days to the petitioner's husband namely L.Mani, S/o.Lakshmanan, aged about 69 years, now he is confined in Central Prison, Cuddalore and his prisoner PID No.312557 & LT.No.17156, for taking better treatment of his spine disc prolapsed which was certified by the medical officer central prison hospital Cuddalore, which is scheduled to be held on 01.07.2025 to 31.07.2025 at private Hospital. For Petitioner : Mr.P.Kannan For Respondents : Mr.A.Damodaran,
Additional Public Prosecutor
ORDER (Order of the Court was made by M.S.RAMESH, J.) The petitioner who is the wife of a convict prisoner, has given a representation dated 21.06.2025 to the third respondent herein, requesting to grant 30 days emergency leave to her husband/convict prisoner for taking medical treatment. Since the said representation has not been considered till date, the present Writ Petition has been filed. https://www.mhc.tn.gov.in/judis
W.P.Crl.No.237 of 2025
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 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 third respondent herein to consider the representation of the petitioner dated 21.06.2025, 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 https://www.mhc.tn.gov.in/judis
W.P.Crl.No.237 of 2025 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.] 07.07.2025 Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Sni https://www.mhc.tn.gov.in/judis
W.P.Crl.No.237 of 2025 To 1.The Director General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai – 600 008. 2.The Inspector General of Prisons and Correctional Service, Whannels Road, Egmore, Chennai – 600 008. 3.The Superintendent of Prisons, Central Prison, Cuddalore. 4.The Inspector of Police, AWPS, Virudhachalam, Cuddalore District. 5.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis
W.P.Crl.No.237 of 2025 M.S.RAMESH, J. and V. LAKSHMINARAYANAN, J. Sni W.P.Crl.No.237 of 2025 07.07.2025 https://www.mhc.tn.gov.in/judis