Statutory authorities must consider representations made to them and act accordingly, as failure to do so constitutes dereliction of duty under Article 226 of the Constitution.

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 3 to conduct the proposed Pongal & Manthai Virattu Festival on 15.01.2025 at Sri Koppudaiyamman Temple, Nainapatti, S.S.Kottai, Singampunari Taluk, Sivagangai, in a fair manner ensuring that

(i) There are no discriminatory practices in performing the rituals.

(ii) No Special rights (Mariyathai) to be given to any person or group during the conduct of the festival.

(iii) No cattle breeders & public shall be denied or have belated access to the temple and rituals during Festival without reasonable cause.

3. Since this Court is directing the respondents 1 to 3 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 06.01.2025, 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 3 to consider the petitioner's representation dated 06.01.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein and the respondents 4 to 6, 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. Consequently, the connected miscellaneous petition is closed.