Case Note & Summary
The petitioner, Moorthy, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to direct the respondents to consider his mother's representation dated 21.10.2024 for granting ordinary leave for 21 days without escort to the detenu, Moorthi, a convict confined at Central Prison, Vellore. The court heard the counsel for the petitioner and the Additional Public Prosecutor for the respondents. The court observed that whenever a representation is made to a statutory authority, there is a duty to consider it on its merits and pass appropriate orders without indefinite delay. Non-consideration amounts to dereliction of duty, justifying the court's intervention under Article 226. Without examining the merits of the representation, the court directed the respondents to consider the representation, if not already disposed of, and pass orders within one week from receipt of the order copy, communicating the decision to the petitioner. The writ petition was disposed of with no costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority to Consider Representation - Non-consideration of representation by statutory authority amounts to dereliction of duty - Court directed respondents to consider the representation dated 21.10.2024 for grant of ordinary leave to the detenu within one week, without going into merits (Paras 3-4).
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's mother's representation seeking ordinary leave for the detenu, and whether the court should direct such consideration.
Final Decision
The court directed the respondents to consider the representation of the petitioner's mother dated 21.10.2024, if not already disposed of, and pass appropriate orders on merits and in accordance with law within one week from receipt of a copy of the order, and communicate the same to the petitioner. The writ petition was disposed of with no costs.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Writ of mandamus for consideration of representation
Case Details
2025 LawText (MAD) (01) 29
S.M.SUBRAMANIAM, M.JOTHIRAMAN
Mr.M.Ezhilarasu (for petitioner), Mr.R.Muniyapparaj (Additional Public Prosecutor for respondents)
The State represented by its Secretary to the Government of Tamil Nadu, Department of Home, Chennai; The Deputy Inspector General of Prison, Vellore Range; The Superintendent, Central Prison, Vellore
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus.
Remedy Sought
Direction to respondents to consider the petitioner's mother's representation dated 21.10.2024 for granting ordinary leave for 21 days without escort to the detenu.
Filing Reason
Non-consideration of the representation by the respondents.
Issues
Whether the respondents are obligated to consider the representation made by the petitioner's mother for grant of ordinary leave to the detenu.
Whether the court should direct the respondents to consider the representation within a stipulated time.
Submissions/Arguments
Petitioner's counsel argued that the representation has not been considered.
Respondents' Additional Public Prosecutor appeared and presumably opposed or submitted to the court's order.
Ratio Decidendi
A statutory authority has a duty to consider representations made to it on its merits and pass appropriate orders without indefinite delay; non-consideration amounts to dereliction of duty, justifying a writ of mandamus under Article 226 of the Constitution of India.
Judgment Excerpts
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.
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.
Procedural History
The writ petition was filed on an unspecified date, heard on 29.01.2025, and disposed of on the same day.
Acts & Sections
- Constitution of India: Article 226
