Saritha .P v. The Principle Secretary to the Government of Tamil Nadu

ORDER (Order of the Court was made by M.S.RAMESH,J.) The petitioner herein had given a representation to the respondents on

19.07.2023 seeking parole for her husband, namely, Palanivel (Convict No.5557) S/o.Duraisamy, who is confined at Madurai Central Prison. Since the said representation was not considered, the present Writ Petition has been filed.

2.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.

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

19.07.2023, on its own merits and pass appropriate orders in accordance with law, within a period of one week 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.

4.With the above direction, this Writ Petition stands disposed of.

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

08.08.2023 NCC : Yes / No Index : Yes / No RR

M.S.RAMESH, J. AND

M.NIRMAL KUMAR, J. RR To

1.The Principal Secretary to the Government of Tamil Nadu Home (Prison-IV) Department Secretariat, Fort St.George, Chennai-600 009.

2.The Additional Director General of Police / Inspector General of Prisons, CMDA Towers II, No.1 Gandhi Irwin Road Egmore, Chennai-8.

3.The Superintendent of Prison Central Prison, Madurai.

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

W.P.(MD)No.19110 of 2023

08.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2023 CORAM THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR W.P.(MD)No.19110 of 2023 P.Saritha ... Petitioner Vs. 1.The Principal Secretary to the Government of Tamil Nadu Home (Prison-IV) Department Secretariat, Fort St.George, Chennai-600 009. 2.The Additional Director General of Police / Inspector General of Prisons, CMDA Towers II No.1 Gandhi Irwin Road Egmore, Chennai-8. 3.The Superintendent of Prison Central Prison, Madurai. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to grant parole to the petitioner's husband viz., Palanivel, S/o.Duraisamy, convicted prisoner No.CP5557, now confined at Central Prison, Madurai, for a period of one month by considering the petitioner's representation dated 19.07.2023. For Petitioner : Mr.S.Krishnan For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor