Case Note & Summary
The petitioner, Kida-Mutuvor Sangam, represented by its Secretary C. Ganesan, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court. The petitioner sought a writ of mandamus directing the respondents, including the District Collector, Superintendent of Police, Deputy Superintendent of Police, Tahsildar, and Inspector of Police of Madurai District, to grant permission to conduct a Kida-Mutu cultural event on 02.02.2025 during the Srinivasa Perumal and Thoppu Karuppasamy Temple festival at Seemanthu Village, Usilampatti Taluk, Madurai District. The petitioner had submitted a representation to the respondents on 07.01.2025 requesting such permission, but the representation was not considered, leading to the filing of the writ petition. The court observed that when a representation is made to a statutory authority, there is a duty cast upon the authority to consider it on its own merits and pass appropriate orders in one way or the other, instead of keeping it pending indefinitely. Non-consideration of the representation amounts to dereliction of duty, and therefore, the court is justified in invoking its extraordinary powers under Article 226 to direct consideration within a stipulated time. Accordingly, the court directed the respondents to consider the petitioner's representation dated 07.01.2025 on its own merits and pass appropriate orders in accordance with law within a period of one week 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 writ of mandamus directing the respondents to consider their representation for permission to conduct a Kida-Mutu cultural event during a temple festival. 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; non-consideration amounts to dereliction of duty, justifying invocation of Article 226. The court directed consideration within one week without expressing views on merits. (Paras 4-5)
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation seeking permission to conduct a cultural event.
Final Decision
The court directed the respondents to consider the petitioner's representation dated 07.01.2025 on its own merits and pass appropriate orders in accordance with law within a period of one week from the date of receipt of a copy of the order. The court clarified that it had not expressed any views on the merits. The writ petition was disposed of with no order as to costs.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Article 226 of Constitution of India
