Disposed¶35

A.Dhanalakshmi v. the State Represented by

Madras HC9 Jan 2025WP/748/2025

Case brief

AI extract

What is this about?

Madras High Court, W.P.No.748 of 2025 (decided 09.01.2025): prisoner's ordinary-leave representation dated 27.12.2024 for convict Azhagar @ Valarndha Azhagar, Convict No.16749, Central Prison, Cuddalore; statutory duty to consider representations on merits; Article 226 mandamus; one-week compliance direction; writ disposed of, no costs.

What did the court decide?

Direction to the respondents to consider the petitioner's representation dated 27.12.2024, if not already disposed of, and pass appropriate orders on merits and in accordance with law within one week from receipt of a copy of the order, and to communicate the decision to the petitioner; no costs. ¶35

A.Dhanalakshmi Vs the State Represented by — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents/statutory authority were obliged to consider and dispose of the petitioner's representation dated 27.12.2024 seeking 30 days' ordinary leave for the detenu, and whether a writ of mandamus could issue directing such consideration within a stipulated time.

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Court's answer

Whenever a representation of this nature is made to a statutory authority, there is a duty cast upon the authority to consider it on its own merits and pass appropriate orders one way or the other, instead of keeping it pending indefinitely; non-consideration of such a representation amounts to dereliction of duty, justifying invocation of the Court's extraordinary powers under Article 226 to direct consideration within a stipulated time.

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Ratio / Principle

Without going into the merits of the petitioner's representation or the contentions in the supporting affidavit, the respondents were directed to consider the representation dated 27.12.2024, if not already disposed of, and pass appropriate orders on merits and in accordance with law within one week from receipt of a copy of the order, and to communicate the decision to the petitioner.

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Detailed headnote1 paragraphs

Writ petition under Article 226 by A.Dhanalakshmi seeking a mandamus to the prison authorities to consider her representation dated 27.12.2024 and grant 30 days' ordinary leave to the detenu Azhagar @ Valarndha Azhagar, S/o Perumal (Convict No.16749), confined in Central Prison, Cuddalore. Held: a statutory authority to whom such a representation is made is duty-bound to consider it on its own merits and pass appropriate orders instead of keeping it pending indefinitely; non-consideration amounts to dereliction of duty and warrants exercise of Article 226 powers. Without expressing any view on the merits of the representation or the affidavit contentions, the Court directed the respondents to consider the representation, if not already disposed of, and pass appropriate orders on merits and in accordance with law within one week of receipt of a copy of the order, and to communicate the decision to the petitioner. Writ petition disposed of. No costs. (Order by M.Jothiraman, J.; Bench: S.M.Subramaniam and M.Jothiraman, JJ.)

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W.P.No.748 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.01.2025

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CORAM :

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THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HON'BLE MR.JUSTICE M.JOTHIRAMAN

W.P.No.748 of 2025

A.Dhanalakshmi

.. Petitioner

The State represented by The Secretary to Government Department of Home (Prison) Fort St.George, Chennai 600 009

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The Additional Director General of Prison/ Inspector General of Police Department of Prison Thalamuthu Building, CMDA Tower-2 Egmore, Chennai 600 008

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The Director General of Prison Vellore Zonal Prison Department Vellore District 632 002

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The Superintendent of Prison Central Prison Cuddalore 607 003

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.. Respondents

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.748 of 2025

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Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 27.12.2024 and grant ordinary leave for 30 days for the detenu Azhagar @ Valarndha Azhagar, S/o Perumal, aged about 50 years, Convict No.16749, detained at Central Prison, Cuddalore.

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For Petitioner :: Mr.Ilayaraja Kandasamy For Respondents :: Mr.R.Muniyapparaj Additional Public Prosecutor

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ORDER

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(Order of the Court was made by M.JOTHIRAMAN,J.)

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The writ petition has been instituted for directing the respondents to

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consider the representation of the petitioner dated 27.12.2024 and grant ordinary leave for 30 days to the detenu Azhagar @ Valarndha Azhagar, S/o Perumal, aged about 50 years, Convict No.16749, who is confined at Central Prison, Cuddalore.

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Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.748 of 2025

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It is needless to point out that whenever a representation of this nature is made to the 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.

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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 27.12.2024, 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

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_____________ Page 3 of 5_

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https://www.mhc.tn.gov.in/judis

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W.P.No.748 of 2025

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a copy of this order and communicate the same to the petitioner. The writ

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petition stands disposed of accordingly. No costs.

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Index : yes/no (S.M.S.,J.) (M.J.R.,J.) Neutral citation : yes/no 09.01.2025