Case Note & Summary
The petitioner, Veeramuthu, a convict prisoner confined at Central Prison, Puzhal-I, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents, namely the Deputy Inspector General of Prison and the Superintendent of Puzhal Central Prison-I, to grant him ordinary leave for 28 days without escort. The petitioner had made a representation dated 28.09.2024 to the authorities, which remained pending without any order. The court observed that whenever a representation of this nature is made to a statutory authority, there is a duty cast upon the respondents to consider it on its own merits and pass appropriate orders instead of keeping it pending indefinitely. Non-consideration of the representation would amount to dereliction of duty, justifying the court's intervention under Article 226. Without going into the merits of the representation or the contentions raised in the affidavit, the court directed the respondents to consider the representation dated 28.09.2024, 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 a copy of the order, and communicate the same to the petitioner. The writ petition was disposed of accordingly with no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Mandamus - Duty of Statutory Authority - Non-consideration of representation by statutory authority amounts to dereliction of duty - Court directed respondents to consider the petitioner's representation dated 28.09.2024 for grant of ordinary leave to a convict prisoner within one week - Held that the court is justified in invoking Article 226 to direct consideration within a stipulated time (Paras 3-4).
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation for grant of ordinary leave to a convict prisoner within a reasonable time.
Final Decision
The court directed the respondents to consider the representation of the petitioner dated 28.09.2024, 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 a copy of this order and communicate the same to the petitioner. The writ petition stands disposed of accordingly. No costs.
Law Points
- Duty of statutory authority to consider representation
- Article 226 of Constitution of India
- Mandamus for consideration of representation
