Case Note & Summary
The petitioner, Sivanath Babu, 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 (District Collector, Revenue Divisional Officer, Tahsildar, Deputy Superintendent of Police, and Inspector of Police) to grant permission and protection to conduct a 'Kida-Muttu Cultural Program' scheduled on 23.02.2025 from 08.00 a.m. to 03.00 p.m. in connection with the 'Shivaratri Festival' at Arulmigu Aathi Sivan Thirukovil in N.Ayyampatti Village, Nattamangalam, Usilampatti Taluk, Madurai District. The petitioner had submitted a representation to the respondents on 19.12.2024, but it was not considered, prompting the filing of the writ petition. 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; non-consideration amounts to dereliction of duty. The court directed the respondents to consider the petitioner's representation dated 19.12.2024 on its own merits and pass orders in accordance with law within two weeks from receipt of a copy of the order. The court clarified that it had not expressed any views on the merits of the matter. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Article 226 of the Constitution of India - Non-consideration of representation by statutory authority amounts to dereliction of duty - Court directed respondents to consider petitioner's representation dated 19.12.2024 on its own merits and pass orders within two weeks (Paras 4-5).
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation seeking permission and protection for a cultural program.
Final Decision
The court directed the respondents to consider the petitioner's representation dated 19.12.2024 on its own merits and pass appropriate orders in accordance with law within two weeks from the date of receipt of a copy of the order. 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
- Writ of Mandamus under Article 226
