Mariammal .S v. The State of Tamil Nadu

ORDER (Order of the Court was made by M.S.RAMESH,J.) By consent of both the parties, this Writ Petition is taken up for final disposal.

¶2The petitioner herein had given a representation to the first respondent on 25.11.2022 seeking for premature release of her husband, namely, Mani, (LCT.No.5994). Since the said representation was not considered, the present Writ Petition has been filed.

¶3It 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.

¶4In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation, dated

25.11.2022, on its own merits and pass appropriate orders in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

¶5With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

(M.S.R.,J.) (M.N.K.,J.)

04.08.2023 NCC : Yes / No Index : Yes / No Lm To

1.The Secretary to Government, The State of Tamil Nadu, Home (Prison-IV) Department, Secretariat, Fort St.George, Chennai – 9.

2.The Additional Director General of Police, Inspector General of Prison, No.1, Gandhi Irwin Salai, Egmore, Chennai – 8.

3.The Superintendent of Prison, Madurai Central Prison, Madurai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.S.RAMESH,J. and M.NIRMAL KUMAR,J. Lm

04.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2023 CORAM THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR S.Mariammal .. Petitioner Vs. 1.The State of Tamil Nadu, Represented by the Secretary to Government, Home (Prison-IV) Department, Secretariat, Fort St.George, Chennai – 9. 2.The Additional Director General of Police, Inspector General of Prison, No.1, Gandhi Irwin Salai, Egmore, Chennai – 8. 3.The Superintendent of Prison, Madurai Central Prison, Madurai. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to release the petitioner's husband namely Mani, LCT.No.5994, S/o.Subbiah Konar, now confined at the Central Prison, Madurai, under premature release on the basis of G.O.(Ms).No.488 dated 15.11.2021 by considering the petitioner's representation dated 25.11.2022. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor