Case Note & Summary
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a mandamus directing the Superintendent of Police, Deputy Superintendent of Police, and Inspector of Police, Karaikudi South Police Station, Sivagangai District, to provide police protection for the peaceful administration of A1 Masjithunur Pallivasal Wakf. He claimed to be the administrator of the wakf, with a committee elected on 29.09.2024, and alleged that some persons were interfering with its management. He submitted a representation on 14.02.2025 to the police authorities, which had not been considered. The respondents' counsel submitted that the representation was under consideration and would be disposed of within one week. An intervener opposed the petition, contending that election matters do not fall under Article 226. The court, without going into the merits of the dispute, directed the third respondent (Inspector of Police) to dispose of the representation dated 14.02.2025 after giving an opportunity of hearing to both parties, in accordance with law, within one week from the date of receipt of the order. The writ petition was disposed of accordingly, with no order as to costs.
Headnote
A) Constitutional Law - Writs - Mandamus - Constitution of India, Article 226 - Petitioner sought police protection for peaceful administration of a wakf, alleging interference by some persons - Court directed the third respondent to dispose of the petitioner’s representation dated 14.02.2025 after hearing all parties, within one week - Held that representation shall be considered in accordance with law, without expressing opinion on merits. (Paras 6-7).
Issue of Consideration
Whether a direction can be issued to the police authorities to dispose of the petitioner's representation seeking police protection for the administration of a wakf property, without going into the merits of the dispute.
Final Decision
The writ petition was disposed of with a direction to the third respondent (Inspector of Police) to dispose of the petitioner's representation dated 14.02.2025 after giving opportunity to both parties, within one week from the date of receipt of the order, without expressing any opinion on the merits of the issues between the parties. No costs were awarded.
Law Points
- A writ of mandamus may be issued to direct a statutory authority to consider a pending representation
- without adjudicating the merits of the underlying dispute.
