Case Note & Summary
The petitioners, K.R.Chelladurai and S.Veerappan, 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, Superintendent of Police, Revenue Divisional Officer, Deputy Superintendent of Police, Tahsildar, and Inspector of Police) to prevent the Jallikattu sport and facilitating special honour to selective persons from selective community during the Pongal Festival scheduled on 15.01.2025 at Sree Kaveri Ambal Temple in Kozhikaraipatti, Puduvayal Post, Karaikudi, Sivagangai District. The petitioners had given a representation to the respondents on 08.01.2025, but since it was not considered, they approached the court. The court observed that whenever a representation of this nature is made to a statutory authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping it pending indefinitely. Non-consideration of the representation would amount to dereliction of duty, justifying the court's invocation of its extraordinary powers under Article 226. Accordingly, the court directed respondents 3 to 6 to consider the petitioners' representation dated 08.01.2025 on its own merits and pass appropriate orders in accordance with law within three days 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 concerned respondents to consider the same on its own merits. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty to Consider Representation - Article 226 of Constitution of India - Petitioners sought direction to respondents to consider their representation dated 08.01.2025 seeking prevention of Jallikattu sport and selective honours during Pongal festival - Court held that whenever a representation is made to a statutory authority, there is a duty to consider it on its own merits and pass appropriate orders; non-consideration amounts to dereliction of duty - Court directed respondents 3 to 6 to consider the representation within three days without expressing any views on merits (Paras 4-5).
Issue of Consideration
Whether the respondents should be directed to consider the petitioners' representation regarding prevention of Jallikattu sport and selective honours during Pongal festival.
Final Decision
The court directed respondents 3 to 6 to consider the petitioners' representation dated 08.01.2025 on its own merits and pass appropriate orders in accordance with law within three days 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
- Article 226 of Constitution of India
