Darthi Padmakumari Rasalraj v. The Deputy Inspector General of Prison

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

2.The petitioner herein had given a representation to the respondents on

17.04.2023 to grant ordinary leave for forty days without escort to the petitioner's brother, the life convict prisoner, namely, Vijayakumar, aged about 57 years, Life Convict No.3367, presently detained at Central Prison, Palayamkottai. Since the said representation was not considered, the present Writ Petition has been filed.

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.

4.In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation, dated 17.04.2023, on its own merits and pass appropriate orders in accordance with law, within a period of two (2) 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.

5.With the above direction, this Writ Petition stands disposed of. No costs.

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

11.08.2023 NCC : Yes / No Index : Yes / No Yuva

M.S.RAMESH, J. AND

M.NIRMAL KUMAR, J. Yuva To

1.The Deputy Inspector General of Prison, Madurai Zone, Madurai Central Prison, Madurai-625 001.

2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli-627002.

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

W.P.(MD)No.19473 of 2023

11.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2023 CORAM THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR W.P.(MD)No.19473 of 2023 Darthi Padmakumari Rasalraj ... Petitioner / Sister of the Prisoner Vs. 1.The Deputy Inspector General of Prison, Madurai Zone, Madurai Central Prison, Madurai-625 001. 2.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli-627002. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to grant ordinary leave for forty days without escort to the petitioner's brother, the life convict prisoner, namely, Vijayakumar, S/o.Sahadevan @ Devadhsans, 57 years, Life Convict No.3367, presently detained at Central Prison, Palayamkottai, based on the petitioner's representation dated 17.04.2023. For Petitioner : Mr.R.Narayanan For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor