Case Note & Summary
The petitioner, M. Pushpavalli, 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, Tahsildar, and Inspector of Police (respondents 1 to 3) to conduct the proposed Pongal and Manthai Virattu Festival scheduled for 15.01.2025 at Sri Koppudaiyamman Temple, Nainapatti, in a fair manner. The petitioner specifically sought to ensure no discriminatory practices in rituals, no special rights (Mariyathai) to any person or group, and no denial or belated access to cattle breeders and the public during the festival. The petitioner had submitted a representation to the official respondents on 06.01.2025, but it was not considered, prompting the filing of the writ petition. The court observed that whenever a representation of this nature is made to a statutory authority, there is a duty cast upon it to consider the same on its own merits and pass appropriate orders, instead of keeping it pending indefinitely. Non-consideration amounts to dereliction of duty, justifying the court's invocation of its extraordinary powers under Article 226. Accordingly, the court directed respondents 1 to 3 to consider the petitioner's representation, after giving due opportunity to the private respondents (Alagappan, Manikandan, and Sakthivel), and pass appropriate orders on or before 13.01.2025. Notice to the private respondents was dispensed with as the court was directing consideration of the representation. The writ petition was disposed of with these directions.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Representation - The court held that when a representation is made to a statutory authority, there is a duty to consider it on its merits and pass appropriate orders, failing which amounts to dereliction of duty. The court directed the respondents to consider the petitioner's representation within a stipulated time. (Paras 5-6)
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation regarding the fair conduct of a temple festival.
Final Decision
The court directed respondents 1 to 3 to consider the petitioner's representation, after giving due opportunity to the private respondents, and pass appropriate orders on or before 13.01.2025. The writ petition was disposed of.
Law Points
- Duty of statutory authority to consider representation
- Article 226 of the Constitution of India
- Mandamus
Case Details
2025 LawText (MAD) (01) 381
W.P.(MD)No.763 of 2025 and W.M.P.(MD)No.492 of 2025
M.S.RAMESH, A.D.MARIA CLETE
For Petitioner: Mr.N.Karthikkanna, For Respondents 1 & 2: Mr.S.R.A.Ramachandran, Additional Government Pleader, For Respondent No.3: Mr.P.Kottaisamy, Government Advocate [Crl. Side]
1.The District Collector, Sivagangai District. 2.The Tahsildar, Singampunari Taluk, Sivagangai District. 3.The Inspector of Police, S.S.Kottai Police Station, Sivagangai District. 4.Alagappan 5.Manikandan 6.Sakthivel
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus.
Remedy Sought
Direction to respondents 1 to 3 to conduct the proposed Pongal & Manthai Virattu Festival on 15.01.2025 at Sri Koppudaiyamman Temple in a fair manner ensuring no discriminatory practices, no special rights, and no denial of access.
Filing Reason
The petitioner's representation dated 06.01.2025 to the official respondents was not considered.
Issues
Whether the respondents are obligated to consider the petitioner's representation regarding the fair conduct of a temple festival.
Submissions/Arguments
Petitioner submitted a representation to official respondents on 06.01.2025 which was not considered.
Court observed that non-consideration of representation by statutory authority amounts to dereliction of duty.
Ratio Decidendi
Whenever a representation is made to a statutory authority, there is a duty cast upon it 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 amounts to dereliction of duty, justifying invocation of Article 226 of the Constitution of India.
Judgment Excerpts
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 representation on 06.01.2025. Not being considered, the writ petition was filed on 09.01.2025 and taken up for final disposal at admission stage by consent.
Acts & Sections
- Constitution of India: Article 226
