Madras High Court
Vijayalechumi Gopalapillai vs The Principal Secretary To The ... on 10 June, 2024
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.P.No.12154 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
W.P.No.12154 of 2024
Vijayalechumi Gopalapillai ... Petitioner
Vs.
1.The Principal Secretary to the Government,
Government of Tamil Nadu,
Department of Home Secretariat,
Chennai.
2.The Director General of Police,
O/o.Director General of Prison,
Whannals Road, Egmore,
Chennai.
3.The Superintendent of Prison,
Central Prison-II,
Puzhal, Chennai. ... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of Writ of Mandamus, to direct the respondents
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https://www.mhc.tn.gov.in/judis
W.P.No.12154 of 2024
1 to 3 to sanctioned A-Class prison and Special Interview speciality,
Medical treatment at the outer hospital at Chennai to the under trial
prisoner namely Pushparaja @ Poongunti Kanna (R.P.No.92529/2022) in
pursuant to petitioner's representation dated 08.04.2024.
For Petitioner : Mr.P.Muthamizhselvakumar
For Respondent : Mr.E.Raj Thilak,
Additional Public Prosecutor
assisted by Mr.C.Aravind
ORDER
M.S.RAMESH, J.
and SUNDER MOHAN, J.
The petitioner herein, who is the mother-in-law of the remand prisoner, has come forward with this Writ Petition seeking A-Class prison facility, special interview accommodations and medical treatment for the prisoner at an external hospital in Chennai.
2. The petitioner states that her son-in-law was remanded for the offence under Sections 120(b) IPC and Sections 18, 20, 38, 39 and 40 of Unlawful Activities Act and 8(c), 21(c), 23, 24, 27-A, 28 and 29 of Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.12154 of 2024 NDPS Act, 1985 by the Bomb Blast Court, Poonamalle, Chennai. Further, he was remanded by the learned Judicial Magistrate-I, Chengalpattu on 06.02.2023 in connection with Crime No.01 of 2020 of Kancheepuram "Q" Branch Police Station under Sections 420, 465, 468, 471, 353, 405(ii) and 34 IPC; 14A(B) of Foreigners Act and 12(1)(C) of Passport Act. The petitioner further states that her son-in-law is suffering from Rheumatoid Arthritis and he was not provided with necessary treatment in the prison. Therefore, the petitioner wants her son-in-law to be provided with an A-Class prison facility as he is of foreign nationality and eligible for privileges. Therefore, she made a representation dated 08.04.2024 before the respondents. Since the same has not been considered till date, the petitioner has come forward with this Writ Petition.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
4. 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 Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.12154 of 2024 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.
5. 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 08.04.2024, seeking A-Class Prison, special interview accommodations and medical treatment at an external hospital in Chennai, to the remand 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.
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6. With the above direction, this Writ Petition stands disposed of. No costs.
[M.S.R., J] [S.M., J]
10.06.2024
Index: Yes/No
Speaking/Non-speaking order
Anu
Note:Issue order copy on 13. 06.2024 Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.12154 of 2024 M.S.RAMESH, J.
and SUNDER MOHAN, J.
Anu To
1.The Principal Secretary to the Government, Government of Tamil Nadu, Department of Home Secretariat, Chennai.
2.The Director General of Police, O/o.Director General of Prison, Whannals Road, Egmore, Chennai.
3.The Superintendent of Prison, Central Prison-II, Puzhal, Chennai.
4.The Public Prosecutor, High Court, Madras.
W.P.No.12154 of 2024
10.06.2024 Page 6 of 6 https://www.mhc.tn.gov.in/judis