Madras High Court
Nasheema Banu vs The Additional Chief Secretary on 4 March, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.P.No.7613 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR
W.P.No.7613 of 2025
Nasheema Banu ...Petitioner/ wife of the detenue
Vs.
1. The Additional Chief Secretary
Home, Prohibition And Excise Department,
Government Of Tamil Nadu,
Secretariat, Fort St. George,
Chennai-09.
2.The Deputy Inspector General Of Police
Deputy Inspector General Of Prisons,
Chennai Range, Whannels Road,
Egmore, Chennai- 08.
3.The Superintendent Of Prison
Office Of The Superintendent Of Prisons - I,
Central Prison Phase- I,
Puzhal, Chennai-66.
4.The Deputy Superintendent Of Police
Crime Branch CID,
Metro Wing,
Chennai- 02.
... Respondents
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W.P.No.7613 of 2025
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of Writ of Mandamus, to direct the respondents
1 to 3 to provide the A class Prison to the Petitioner's Husband Namely
Tr.A.Babu (PID NO. 369161 /LT. 8563).
For Petitioner : Mr.P.Krishnan
For Respondent : Mr.R.Muniyapparaj
Additional Public Prosecutor
assisted by Mr.M.Sylvester John
ORDER
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
This Writ Petition has been filed to direct the respondents 1 to 3 to provide the A class Prison to the Petitioner's Husband Namely Tr.A.Babu (PID NO. 369161 /LT. 8563).
2. The petitioner states that her husband was convicted in C.C.No.12 of 2019 before the learned Assistant Sessions Judge, Additional Special Court for trial of Criminal cases, Chennai for the offences under Sections 120 B r/w 409 IPC r/w 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, r/w 109 IPC, Section 109 r/w Section 409 IPC, Section 109 r/w Section 13(2) r/w Section 13(1)(d) of the https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2025 02:14:50 pm ) Page 2 of 6 W.P.No.7613 of 2025 Prevention of Corruption Act and was confined at Central Prison-1, Puzhal. Since the petitioner's husband is a heart patient and has atrioventricular (AV) heart block, he requires constant care and medical supervision, for which she gave a representation dated 16.12.2024 before the respondents 1 and 2, seeking to consider the prisoner as "A" class prisoner and provide him ''A'' class prison. 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 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 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2025 02:14:50 pm ) Page 3 of 6 W.P.No.7613 of 2025 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 16.12.2024, seeking to provide ''A'' class prison to her husband, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.
6. With the above direction, this Writ Petition stands disposed of. No costs.
[M.S.R., J] [N.S., J]
04.03.2025
Index: Yes/No
Speaking/Non-speaking order
Internet: Yes/No
Neutral Citation: Yes/No
Anu
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W.P.No.7613 of 2025
To
1. The Additional Chief Secretary
Home ,Prohibition And Excise Department, Government Of Tamil Nadu, Secretariat, Fort St. George, Chennai-09.
2.The Deputy Inspector General Of Police Deputy Inspector General Of Prisons, Chennai Range, Whannels Road, Egmore, Chennai- 08.
3.The Superintendent Of Prison Office Of The Superintendent Of Prisons - I, Central Prison Phase- I, Puzhal, Chennai-66.
4.The Deputy Superintendent Of Police Crime Branch CID, Metro Wing, Chennai- 02.
5.The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2025 02:14:50 pm ) Page 5 of 6 W.P.No.7613 of 2025 M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
Anu W.P.No.7613 of 2025 04.03.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2025 02:14:50 pm ) Page 6 of 6