Case Note & Summary
The petitioner, M. Bharath, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct respondents 1 to 4 (Regional Officer of Central Board of Film Certificate, Director General of Police, Chief Secretary of Tamil Nadu, and Principal Secretary of Film and Television Department) to take action against respondents 5 to 8 (producers, director, and actor of the movie 'Sorgavaasal') for allegedly insulting the name of former Great King and Freedom Fighter Thiru Veerapandiya Katabomman in the movie. The petitioner had submitted a representation dated 10.12.2024 to the official respondents, but it 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 own merits and pass appropriate orders; non-consideration amounts to dereliction of duty. Therefore, the court directed the third respondent (Chief Secretary) to consider the petitioner's representation after giving due opportunity to the private respondents, and to pass appropriate orders within a stipulated time. The writ petition was disposed of accordingly.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Statutory Authority - 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 merits and pass appropriate orders, and non-consideration amounts to dereliction of duty. The court directed the third respondent to consider the petitioner's representation within a stipulated time after hearing the private respondents. (Paras 5-6)
Issue of Consideration
Whether the court should direct the statutory authority to consider the petitioner's representation regarding alleged insult to a historical figure in a movie.
Final Decision
The court directed the third respondent (Chief Secretary) to consider the petitioner's representation dated 10.12.2024, after giving due opportunity to the private respondents, and to pass appropriate orders within a stipulated time. The writ petition was disposed of.
Law Points
- Duty of statutory authority to consider representation
- Mandamus under Article 226 of Constitution of India
