Madras High Court
Amsaveni vs State Rep. By on 12 June, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.P.Crl.No.50 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN
W.P.Crl.No.50 of 2025
Amsaveni ... Petitioner
Vs.
1.State rep. by
The Deputy Inspector General of Prison
Coimbatore Range
Coimbatore - 18
2.The Superintendent of Prison
Central Prison
Coimbatore - 18 ... 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 21 days ordinary leave without escort to petitioner's brother
namely Balakrishnan @ Bala, S/o.Krishnan, who is a convict prisoner
vide PID No.358783, aged about 33 years, who is presently confined in
Central Prison, Coimbatore, by considering the petitioner's representation
given on 10.05.2025, within the time limit to be stipulated by this Court.
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W.P.Crl.No.50 of 2025
For Petitioner : Mr.P.M.Basil
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
AND
V.LAKSHMINARAYANAN, J.
This Writ Petition has been filed praying for the issuance of Writ
of Mandamus, directing the respondents to grant 21 days ordinary leave
without escort to petitioner's brother namely Balakrishnan @ Bala,
S/o.Krishnan, who is a convict prisoner vide PID No.358783, aged about
33 years, who is presently confined in Central Prison, Coimbatore, by
considering the petitioner's representation given on 10.05.2025, within
the time limit to be stipulated by this Court.
2. The petitioner's brother is a convict prisoner vide PID
No.358783. He was convicted by the learned Special Court for
Exclusive Trial of Cases under POCSO Act, Coimbatore vide judgment
dated 27.08.2021, in Spl.C.C.No.69 of 2019 for the offence U/s.450 IPC
and U/s.6 of POCSO Act, 2012.
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3.It is the submissions of the learned counsel for the petitioner that
she is the sister of the convict prisoner. The life convict is her brother.
The petitioner has arranged for an ear boring festival of her daughter,
since her brother is the only one to perform that rites on behalf of her
maternal side, his presence is very much required for the said ear boring
function of her daughter. Hence, a representation dated 10.05.2025 was
given to the respondents to grant 21 days ordinary leave to her brother.
Since the same has not been considered by the respondents till date, the
petitioner has come forward with this Writ Petition.
4. Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor appearing for the respondent.
5. 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
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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.
6. 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
10.05.2025, seeking for ordinary leave to the convict prisoner, if not
already disposed of and pass appropriate orders on merits and in
accordance with law, within a period of two (2) weeks from the date
of receipt of a copy of this order and communicate the same to the
petitioner.
7. With the above direction, this Writ Petition stands disposed of.
No costs.
[M.S.R, J.] [V.L.N, J.]
12.06.2025
kas
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To
1.The Deputy Inspector General of Prison
Coimbatore Range
Coimbatore - 18
2.The Superintendent of Prison
Central Prison
Coimbatore - 18
3.The Public Prosecutor,
High Court of Madras
Chennai 600 104
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M.S.RAMESH, J.
AND
V.LAKSHMINARAYANAN, J.
kas
12.06.2025
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