Case Note & Summary
The petitioner 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 directing the third respondent, the District Collector of Dindigul District, to grant permission for conducting the event known as 'Vadamadu Manjuvirattu' on 1 May 2025 as part of the Kaliyamman Bhagavathyyamman Temple Festival at M. Vaadipatty, Pattiveeranpatty, Nilakottai Taluk, Dindigul District. The petitioner had submitted a representation dated 26 March 2025 to include his village for conducting Jallikattu and to grant permission for the event, and this representation was sent by registered post on 28 March 2025. The writ petition was filed immediately thereafter, without waiting for the authorities to respond. The court noted that the petitioner approached it even before the respondents had any reasonable time to examine the representation, assess the feasibility of the request, and take a decision. The court held that it was not inclined to entertain the writ petition due to its premature nature. Consequently, the writ petition was dismissed. However, the court directed the respondents to consider the petitioner's representation dated 26 March 2025 and to pass appropriate orders in accordance with law, preferably within a period of three months from the date of receipt of a copy of the order. No costs were awarded. The judgment was delivered by a Division Bench comprising Dr. Justice G. Jayachandran and Ms Justice R. Poornima on 16 April 2025. The court's decision emphasized that a writ of mandamus cannot be issued to compel consideration of a representation when the petitioner has not afforded the competent authority adequate time to act, and that the appropriate course is for the authority to dispose of the representation expeditiously in accordance with law.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Premature Writ Petition on Pending Representation - The petitioner filed a writ petition seeking a direction to the District Collector to grant permission for conducting 'Vadamadu Manjuvirattu' event on 01.05.2025 as part of a temple festival, based on a representation dated 26.03.2025 sent by registered post on 28.03.2025; the court found that the petitioner approached the court immediately after filing the representation without affording the respondents reasonable time to examine feasibility and take a decision; the court dismissed the writ petition as not entertainable but directed the respondents to consider the representation and pass appropriate orders in accordance with law, preferably within three months from receipt of the order copy - Held that a writ of mandamus cannot be issued when the authority has not been given adequate opportunity to consider the representation (Paras 1-4).
Issue of Consideration
Whether a writ of mandamus under Article 226 of the Constitution of India can be issued directing the District Collector to grant permission for conducting a 'Vadamadu Manjuvirattu' event when the petitioner's representation dated 26.03.2025 was sent by registered post on 28.03.2025 and the writ petition was filed immediately without affording the respondents adequate time to consider the request and its feasibility.
Final Decision
The writ petition was dismissed as premature because the petitioner approached the court immediately after submitting the representation without giving the respondents reasonable time to consider its feasibility and take a decision. However, the court directed the respondents to consider the petitioner's representation dated 26.03.2025 and pass appropriate orders in accordance with law, preferably within three months from the date of receipt of a copy of the order. No costs were awarded.
Law Points
- Article 226 writ jurisdiction
- writ of mandamus
- premature writ petition
- consideration of representation
- feasibility assessment
- reasonable time for authority
- dismissal of writ with direction to consider representation
