Case Note & Summary
The petitioner, Ilangovan, 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 District Collector, Superintendent of Police, Deputy Superintendent of Police, and Inspector of Police (respondents 1 to 4) to permit him and his villagers to conduct the 'Madu Avilthal Festival' on the eve of Thai Pongal, i.e., 16.01.2025, and to provide adequate police protection. The petitioner had made a representation to the official respondents on 04.01.2025, 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; non-consideration amounts to dereliction of duty. Accordingly, the court directed respondents 1 to 4 to consider the petitioner's representation dated 04.01.2025, after giving due opportunity to the petitioner, private respondents (respondents 5 to 8), and all other interested persons, and pass orders in accordance with law within three days from receipt 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 - Representation - Article 226 of Constitution of India - 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; non-consideration amounts to dereliction of duty. The court directed the respondents to consider the petitioner's representation within three days. (Paras 5-6)
Issue of Consideration
Whether the respondents should be directed to consider the petitioner's representation for permission to conduct 'Madu Avilthal Festival' and provide police protection.
Final Decision
The court directed respondents 1 to 4 to consider the petitioner's representation dated 04.01.2025 on its own merits, after giving due opportunity to the petitioner, private respondents, and all other interested persons, and pass appropriate orders in accordance with law within three days from 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
