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2025 Supreme(Mad) 2156
IN THE HIGH COURT OF MADRAS, (MADURAI BENCH)
M.S. RAMESH, A.D. MARIA CLETE, JJ.
Alex - Petitioner
Versus
The Secretary to Government, Animal Husbandry, Dairying and Fisheries Department and Ors. – Respondents
W.P.(MD)No.30930 of 2024
Decided On : 06-01-2025
For the Petitioner: Mr. M. Karunakaran
For the Respondents: Mr. P. Thilak Kumar, Government Pleader, Mr. P. Kottaisamy.
Non-consideration of a representation by a statutory authority is a dereliction of duty, warranting a writ of Mandamus under Article 226.
Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Petition filed for direction to notify village for conducting annual event based on representation - Non-consideration of representation by statutory authority constitutes dereliction of duty - Court directs consideration of representation within two weeks. (Paras 4, 5)
Facts of the case:
The petitioner filed a writ petition seeking a Mandamus to notify the village Thamarankottai for conducting 'Vada Manju Virattu' based on a representation dated 09.12.2024, which was not considered.
Findings of Court:
The court emphasized the duty of statutory authorities to consider representations and directed the first respondent to act within two weeks.
Issues: The main issue was whether the non-consideration of the representation by the statutory authority constituted a dereliction of duty.
Ratio Decidendi: The court ruled that non-consideration of a representation by a statutory authority is a dereliction of duty, justifying the invocation of extraordinary powers under Article 226.
Result: Writ Petition stands disposed of with directions.
ORDER :
[M.S. Ramesh, J.]
(PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent herein to notify the petitioner's village namely Thamarankottai, Pattukottai Taluk, Thanjavur District in the Government Gazette so as to conduct “Vada Manju Virattu” to be held on 3rd day of Thai Tamil Month of every year based on the petitioner's representation dated 09.12.2024.)
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 first respondent herein to notify the petitioner's village namely Thamarankottai, Pattukottai Taluk, Thanjavur District in the Government Gazette so as to conduct “Vada Manju Virattu” to be held on 3rd day of Thai Tamil Month of every year based on the petitioner's representation dated 09.12.2024.
3. The petitioner herein had given a representation to the respondents on 09.12.2024, in this regard. Since the said representation was not considered, the present writ petition has been filed.
4. 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.
5. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 09.12.2024, on its own merits and pass appropriate orders in accordance with law, within a period of two [2] weeks 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.
6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
