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2025 DAILYLAW 95215 (MAD)

KEERTHANA v. The Deputy Inspector of General of Prisoner

WP Crl./755/2025 · 2025-09-08

J Nisha Banu, S Sounthar

Transfer Petitionbody2025

Judgment text

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WP Crl. No. 755 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-09-2025 CORAM THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR W.P. Crl. No. 755 of 2025 1. Keerthana W/o.Ramachandiran, No.9/5, Haunting Graland, Angalamman Koil Street, Choolai, Chennai-600 112. Appellant(s) Vs 1. The Deputy Inspector of General of Prisoner, Prison Head Quarters, Egmore, Chennai. 2.The Superintendent of Prison, Central Prison for Women, Puzhal, Chennai. Respondent(s) https://www.mhc.tn.gov.in/judis WP Crl. No. 755 of 2025 PRAYER The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents to grant leave for 21 days to the petitioner Mother namely Krishnaveni, W/o.Murugesan aged about 51 years, based on the representation of the petitioner dated 20.08.2025. For Appellant(s): Mr. M.Madhankumar M.Prakasam For Respondent: Mr. A. Gokulakrishnan Additional Public Prosecutor ORDER (Order of the Court was made by J. NISHA BANU, J.) The present Writ Petition has been filed for the issuance of a Writ of Mandamus directing the respondents to grant leave for 21 days to the petitioner's mother namely, Krishnaveni, wife of Murugesan, aged 51 years, confined at Central Prison for Women, Puzhal, Chennai, based on the petitioner's representation dated 20.08.2025. 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 a Statutory Authority, there is a duty cast upon the respondents to https://www.mhc.tn.gov.in/judis WP Crl. No. 755 of 2025 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. 4. In view of the above observation, this Court, without going into the merits of the petitioner's representation or the contentions of the affidavit filed in support of this Writ Petition, directs the respondents to consider the representation of the petitioner dated 20.08.2025, seeking grant of 21 days leave to the convict prisoner, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of four (4) weeks from today and communicate the same to the petitioner. 5. With the above direction, this Writ Petition stands disposed of. (J.NISHA BANU, J.) (S. SOUNTHAR, J.) 08-09-2025 ASI https://www.mhc.tn.gov.in/judis WP Crl. No. 755 of 2025 To 1.The Deputy Inspector of General of Prisoner, Prison Head Quarters, Egmore, Chennai. 2.The Superintendent of Prison, Central Prison for Women, Puzhal, Chennai. 3. The Public Prosecutor, High Court of Madras, Chennai. https://www.mhc.tn.gov.in/judis WP Crl. No. 755 of 2025 J. NISHA BANU, J. AND S. SOUNTHAR, J. ASI W.P. Crl. No. 755 of 2025 08-09-2025 https://www.mhc.tn.gov.in/judis