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2025 Supreme(Mad) 2145
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.S.Ramesh, A.D.Maria Clete, JJ.
Ilangovan - Petitioner
Vs.
The District Collector, Thanjavur District, Thanjavur - Respondent
W.P.(MD)No.832 of 2025
Decided On : 09-01-2025
Advocate Appeared:
For the Petitioner: Mr.C.Susikumar
For the Respondent:Mr.S.Shaji Bino Special Government Pleader, Mr.P.Kottaisamy, Government Advocate [Crl. Side]
Statutory authorities must consider representations made to them; failure to do so constitutes dereliction of duty, justifying judicial intervention under Article 226.
Headnote:(A) Constitution of India - Article 226 - Writ petition for Mandamus to conduct festival and seek police protection - Court directed respondents to consider petitioner's representation dated 04.01.2025, emphasizing the duty of statutory authorities to act on representations - Non-consideration amounts to dereliction of duty. (Paras 2, 5, 6)
Facts of the case:
The petitioner filed a writ petition seeking permission to conduct the 'Madu Avilthal Festival' on 16.01.2025, along with a request for police protection, after his representation was not considered.
Findings of Court:
The court directed the respondents to consider the representation within three days, highlighting the need for timely action by statutory authorities.
Issues: The main issue was whether the statutory authority had a duty to consider the petitioner's representation regarding the festival.
Ratio Decidendi: The court ruled that non-consideration of a representation by a statutory authority constitutes dereliction of duty, justifying the invocation of extraordinary powers under Article 226.
Result: Writ Petition disposed of with directions.
ORDER :
[Order of the Court was made by M.S.RAMESH, J.]
By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
2. This writ petition has been filed for a Mandamus to direct the respondents 1 to 4 to permit the petitioner and his villagers to conduct “Madu Avilthal Festival” on the eve of Thai Pongal dated 16.01.2025 and to provide adequate police protection for the same by considering the petitioner's representation dated 04.01.2025.
3. Since this Court is directing the respondents 1 to 4 to consider the petitioner's representation, after giving due opportunity to the private respondents herein, notice to the private respondents is hereby dispensed with.
4. The petitioner herein had given a representation to the official respondents on 04.01.2025, in this regard. Since the said representation was not considered, the present writ petition has been filed.
5. It is needless to point out that 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. As such, 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.
6. In the light of the above observations, there shall be a direction to the respondents 1 to 4 to consider the petitioner's representation dated 04.01.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein and the respondents 5 to 8, as well as all other persons, who may be interested in the subject property, within a period of three [3] days from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.
7. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
