NANDHINI v. THE STATE REP BY ITS
Court: Madras High Court
Bench: HONOURABLE MR JUSTICE S.M. SUBRAMANIAM,HONOURABLE MR.JUSTICE M.JOTHIRAMAN
Judgment date:
Case summary
Madras High Court judgment dated 2024-12-13. NANDHINI v. THE STATE REP BY ITS. Read the judgment and case details on LawSphereX.
Judgment text
W. P. No. 38227 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13. 12. 2024 CORAM : THE HONOURABLE MR. JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M. JOTHIRAMAN W. P. No. 38227 of 2024 Nandhini ... Petitioner Vs. 1. The State Rep By its The Deputy Inspector General Of Prison, Coimbatore Range, Gandhipuram, Coimbatore- 641 012. 2 The Superintendent Of Prison, Central Prison at Coimbatore, Gandhipuram, Coimbatore 641 012 ... 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 grant ordinary leave of 28 days without escort to the petitioner's grandfather/Convict namely Mr. Rengan @ Chinnathambi S/o. Sadaiyan (CT No. 16440). For Petitioner : Mr. M. Mohamed Saifulia For Respondents : Mr. R. Muniyapparaj, Additional Public Prosecutor https://www. mhc. tn. gov. in/judis W. P. No. 38227 of 2024 ORDER (Order of the Court was made by S. M. SUBRAMANIAM, J.
) The Writ Petition has been instituted for directing the respondents to consider the representation dated 21. 11. 2024 submitted by the petitioner seeking ordinary leave to her husband, namely, Mr. Rengan @ Chinnathambi S/o. Sadaiyan (CT No. 16440), now confined at Central Prison, Coimbatore. 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 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. https://www. mhc. tn. gov. in/judis W. P. No. 38227 of 2024 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 21. 11. 2024, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of one week 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. [S. M. S. , J. ] [M. J. R. , J. ] 13. 12.
2024 Index: Yes/No Speaking/Non-speaking order mrp 1. The Deputy Inspector General Of Prison, Coimbatore Range, Gandhipuram, Coimbatore- 641 012. 2 The Superintendent Of Prison, Central Prison at Coimbatore, Gandhipuram, Coimbatore 641 012 https://www. mhc. tn. gov. in/judis W. P. No. 38227 of 2024 3. The Public Prosecutor, High Court of Madras. S. M. SUBRAMANIAM, J. AND M. JOTHIRAMAN, J. mrp W. P. No. 38227 of 2024 13. 12. 2024 https://www. mhc. tn. gov. in/judis
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