Madras High Court
Makaradhuja Nayak vs State Of Tamil Nadu Rep. By Its on 16 June, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.P.Crl.No.75 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN
W.P.Crl.No.75 of 2025
Makaradhuja Nayak ... Petitioner
Vs.
1.State of Tamil Nadu Rep. by its
Principal Secretary to Government
Home (Prison) Department
Secretariat, Chennai 600 009
2.The Additional Director General of Police (Prisons)
cum The Inspector General of Prisons
Prison Head Quarters, Whannels Road
Egmore, Chennai 600 008
3.The Deputy Inspector General of Prison
Coimbatore Regional
Coimbatore - 18
4.The Superintendent of Prison
Central Prison, Coimbatore - 18
5.State of Odisha
Represented by its Principal Secretary to Government
Home Department, Secretariat
Bhubaneswar, Odhisha
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W.P.Crl.No.75 of 2025
6.The Additional Director General of Police cum
Inspector General of Prisons
Southern Wing 3rd Floor
Bhubaneswar, State of Odhisha ... 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 transfer the petitioner's son namely Sanjip Nayak @ Babu,
S/o.Makaradhuua Nayak, who is a convict prisoner, bearing PID
No.194117, aged about 32 years, who is presently confined in Central
Prison, Coimbatore, to Circle Jail, Berhampur, Ganjam District, State of
Odisha or any other prison in the State of Odisha, by considering the
representation dated 04.04.2025.
For Petitioner : Mr.M.Vijaya Ragavan
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 transfer the petitioner's son
namely Sanjip Nayak @ Babu, S/o.Makaradhuua Nayak, who is a
convict prisoner, bearing PID No.194117, aged about 32 years, who is
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presently confined in Central Prison, Coimbatore, to Circle Jail,
Berhampur, Ganjam District, State of Odisha or any other prison in the
State of Odisha, by considering the representation dated 04.04.2025.
2.The petitioner's son viz. Sanjip Nayak @ Babu,
S/o.Makaradhuua Nayak was convicted by the learned Sessions Judge,
Mahila Court (FTC), Tiruppur in Spl.S.C.No.51 of 2019 vide judgment
dated 07.06.2022 for the offence U/s.366(A). 376(3) IPC and 5(l) r/w
Section 6 of POCSO Act. Against the said conviction, he prepared an
appeal in Crl.A.No.864 of 2022 before this Court and the same was
partly allowed vide judgment dated 17.11.2022.
3.Learned counsel for the petitioner submitted that the petitioner is
an aged person and a senior citizen. Without his son, he is maintaining
his wife and a daughter and facing difficulty to fulfill even their basic
need. The distance between State of Odisha and Coimbatore is about
1800 km and they have to spend 5 days for up and down to visit his son
and that too with heavy travel expenses. Hence, a representation was
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made to the respondents on 04.04.2025, seeking transfer of his son from
the Central Prison, Coimbatore to the prison of State of Odisha, since the
same has not been considered by them 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
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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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
04.04.2025, seeking for transfer from Central Prison, Coimbatore, to
Circle Jail, Berhampur, Ganjam District, State of Odisha or any other
prison in the State of Odisha, if not already disposed of and pass
appropriate orders on merits and in accordance with law, within a
period of one (1) week 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.
[M.S.R, J.] [V.L.N, J.]
16.06.2025
kas
Index: Yes / No
Neutral Citation
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To
1.The Principal Secretary to Government
Home (Prison) Department
Secretariat, Chennai 600 009
2.The Additional Director General of Police (Prisons)
cum The Inspector General of Prisons
Prison Head Quarters, Whannels Road
Egmore, Chennai 600 008
3.The Deputy Inspector General of Prison
Coimbatore Regional
Coimbatore - 18
4.The Superintendent of Prison
Central Prison
Coimbatore - 18
5.The Principal Secretary to Government
State of Odisha
Home Department, Secretariat
Bhubaneswar, Odhisha
6.The Additional Director General of Police cum
Inspector General of Prisons
Southern Wing 3rd Floor
Bhubaneswar, State of Odisha
7.The Public Prosecutor,
High Court of Madras
Chennai 600 104
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M.S.RAMESH, J.
AND
V.LAKSHMINARAYANAN, J.
kas
16.06.2025
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