Case Note & Summary
The petitioner, Alex, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking a Mandamus to direct the first respondent, the Secretary to Government of Animal Husbandry, Dairying and Fisheries Department, to notify the petitioner's village Thamarankottai in Pattukottai Taluk, Thanjavur District in the Government Gazette to conduct 'Vada Manju Virattu' (a traditional bull-taming event) to be held on the 3rd day of Thai Tamil Month every year. The petitioner had made a representation to the respondents on 09.12.2024, which was not considered, leading to the filing of the writ petition. 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 without indefinite delay. Non-consideration amounts to dereliction of duty, justifying the court's intervention under Article 226. The court directed the first respondent to consider the petitioner's representation dated 09.12.2024 on its own merits and pass appropriate orders in accordance with law within two weeks from receipt of a copy of the order. The court clarified that it had not expressed any views on the merits of the matter, leaving it open to the respondents to decide. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - Article 226 of the Constitution of India - The court directed the first respondent to consider the petitioner's representation dated 09.12.2024 for notifying Thamarankottai village for 'Vada Manju Virattu' within two weeks, holding that non-consideration amounts to dereliction of duty (Paras 4-5).
Issue of Consideration
Whether the court can direct the respondent to consider the petitioner's representation for notifying the village for conducting 'Vada Manju Virattu'
Final Decision
The court directed the first respondent to consider the petitioner's representation dated 09.12.2024 on its own merits and pass appropriate orders in accordance with law within two weeks 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
- Mandamus under Article 226 of Constitution of India
