Case Note & Summary
The petitioners filed a writ petition under Article 226 of the Constitution of India seeking a Mandamus to direct respondents 1 to 5 (District Collector, Revenue Divisional Officer, Tahsildar, Superintendent of Police, and Inspector of Police) to forbear the sixth respondent from conducting the Melatheru Jallikattu Ceremony unilaterally, scheduled on 15.01.2025, and other religious ceremonies, until the disposal of pending suits. The petitioners had given a representation to the official respondents on 28.12.2024, which was not considered. 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 respondents 1 to 5 to consider the representation within three days from receipt of the order, after giving due opportunity to the petitioner, the sixth respondent, and all other interested persons. The court clarified that it had not expressed any views on the merits of the matter.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Representation - The court directed the respondents 1 to 5 to consider the petitioner's representation dated 28.12.2024 within three days, after giving opportunity to all interested parties, holding that non-consideration of a representation by a statutory authority amounts to dereliction of duty and the court can invoke Article 226 to direct consideration within a stipulated time (Paras 5-6).
Issue of Consideration
Whether the respondents 1 to 5 should be directed to consider the petitioner's representation dated 28.12.2024 regarding the unilateral conduct of Melatheru Jallikattu Ceremony by the sixth respondent.
Final Decision
The court directed respondents 1 to 5 to consider the petitioner's representation dated 28.12.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, the sixth respondent, and all other persons interested in the subject property, within a period of 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.
Law Points
- Duty of statutory authority to consider representation
- Mandamus for consideration of representation
- Article 226 of Constitution of India
