Case Note & Summary
The petitioner, N. Valmeganathan, 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 directing the respondents, the Superintendent of Police, Madurai District, and the Inspector of Police, Kottampatti Police Station, to grant permission and protection to conduct the Pongal Festival on 15.01.2025 at Arulmigu Sri Muthalamman Temple in Ayyapatti Village, Melur Taluk, Madurai District. The petitioner had submitted a representation to the respondents on 06.01.2025, but it was not considered. The court observed that when a representation is made to a statutory authority, there is a duty to consider it on its own merits and pass appropriate orders; keeping it pending indefinitely amounts to dereliction of duty. The court directed the respondents to consider the petitioner's representation dated 06.01.2025 on its own merits and pass orders in accordance with law within three days from receipt of a copy of the order. The court clarified that it had not expressed any views on the merits and that the respondents were free to decide independently. 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 the police to consider his representation for permission and protection to conduct a Pongal Festival. The 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, and non-consideration amounts to dereliction of duty. The court directed the respondents to consider the representation within three days. (Paras 4-5)
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation seeking permission and protection to conduct a temple festival, and whether a writ of mandamus can be issued directing such consideration.
Final Decision
The writ petition is disposed of with a direction to the respondents to consider the petitioner's representation dated 06.01.2025 on its own merits and pass appropriate orders in accordance with law within a period of three days 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
- Article 226 of Constitution of India
Case Details
2025 LawText (MAD) (01) 259
M.S.RAMESH, A.D.MARIA CLETE
For Petitioner: Mr.V.Nirmal Kumar, For Respondents 1 & 2: Mr.P.Kottaisamy, Government Advocate [Crl. Side]
1.The Superintendent of Police, Madurai District, Madurai. 2.The Inspector of Police, Kottampatti Police Station, Madurai District.
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Nature of Litigation
Writ petition seeking mandamus to direct police to consider representation for permission and protection to conduct a temple festival.
Remedy Sought
Direction to respondents to grant permission and protection to conduct Pongal Festival on 15.01.2025 at Arulmigu Sri Muthalamman Temple based on petitioner's representation dated 06.01.2025.
Filing Reason
Non-consideration of petitioner's representation dated 06.01.2025 by the respondents.
Issues
Whether the respondents are obligated to consider the petitioner's representation seeking permission and protection to conduct a temple festival?
Whether a writ of mandamus can be issued directing consideration of the representation?
Submissions/Arguments
Petitioner submitted representation dated 06.01.2025 seeking permission and protection for Pongal Festival, but it was not considered.
Respondents did not file any counter; the court proceeded by consent.
Ratio Decidendi
A statutory authority has a duty to consider a representation made to it on its own merits and pass appropriate orders; non-consideration amounts to dereliction of duty, and a writ of mandamus can be issued under Article 226 to direct such consideration within a stipulated time.
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 him 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 the Constitution of the India and direct them to consider the same within a stipulated time.
Procedural History
The petitioner filed a writ petition on 10.01.2025 before the Madurai Bench of Madras High Court seeking a mandamus. The court, by consent of both sides, took up the petition for final disposal at the admission stage and disposed it on the same day.
Acts & Sections
- Constitution of India: Article 226
