Case Note & Summary
The petitioner, David Inbaraj, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking a writ of mandamus to direct the respondents, the Government of Tamil Nadu and the District Collector of Dindigul, to consider his representation dated 30.12.2024. The representation requested that the petitioner's village, Nariyuthu, Palampatti, Nilakottai Taluk, Dindigul District, be included in the Tamil Nadu Government Gazette for conducting Jallikattu every year. The petitioner had made the representation to the official respondents, but it was not considered, leading to the filing of the writ petition. The Court observed that whenever a representation of this nature is made to a statutory authority, there is a duty cast upon the authority to consider the same on its own merits and pass appropriate orders, instead of keeping it pending indefinitely. Non-consideration of the representation amounts to dereliction of duty, justifying the Court's intervention under Article 226. The Court directed the respondents to consider the petitioner's representation dated 30.12.2024 on its own merits and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of the order. The Court clarified that it had not expressed any views on the merits of the matter and that it was open to the respondents to consider the representation on its own merits. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Representation - The petitioner sought a direction to consider his representation for including his village in the Tamil Nadu Government Gazette for conducting Jallikattu. The Court held that whenever a representation is made to a statutory authority, there is a duty to consider it on its merits and pass appropriate orders, and non-consideration amounts to dereliction of duty. The Court directed the respondents to consider the representation within three months. (Paras 4-5)
Issue of Consideration
Whether the respondents should be directed to consider the petitioner's representation for including his village in the Tamil Nadu Government Gazette for conducting Jallikattu.
Final Decision
The writ petition is disposed of with a direction to the respondents to consider the petitioner's representation dated 30.12.2024 on its own merits and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order. No order as to costs.
Law Points
- Duty of statutory authority to consider representation
- Mandamus for consideration of representation
- Non-consideration amounts to dereliction of duty
