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2026 Supreme(Online)(Mad) 26989

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
Devendrakula Velalar Uravin Murai Allinagaram Theni rep., by its President Ramakrishnan – Appellant
Versus
The Superintendent of Police, O/o. The Superintendent of Police, Theni District. – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.A.Shajahan
For the Respondents:Mr.S.S.Manoj Government Advocate (Crl.side)

Statutory authorities must consider representations on merits within reasonable time, non-consideration is dereliction of duty.

Headnote:The petitioner sought a writ of mandamus under Article 226 of the Constitution of India directing police authorities to provide protection for a temple festival from 07.04.2026 to 10.04.2026, following an unaddressed representation dated 03.03.2026. The court found that statutory authorities must consider such representations on merits without indefinite delay, as non-consideration constitutes dereliction of duty, justifying invocation of extraordinary jurisdiction. The primary issue was the failure to process the representation for police protection during the festival. The ratio decidendi holds that authorities are duty-bound to expeditiously evaluate representations and pass orders after hearing, without merits prejudice. The writ petition was disposed of with directions to consider the representation within two weeks, affording hearing to the petitioner.

Table of Content
1. petition seeks police protection for temple festival. (Para 1 , 2)
2. parties submit on representation consideration. (Para 3 , 4)
3. duty to consider representations on merits. (Para 5)
4. direct consideration within two weeks; petition disposed. (Para 6)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18.03.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Devendrakula Velalar Uravin Murai Allinagaram Theni rep., by its President Ramakrishnan ... Petitioner Vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Theni District.

2.The Inspector of Police, Allinagaram Police Station, Theni, Theni District.

3.Kannan

4.Pandi

5.K.Ananthan ... Respondents PRAYER :-Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to provide adequate police protection during the conduct of the temple thiruvizha namely Arulmighu Sri Sadayandi Thiru Mandu Karuppasamy, Srikaliamman, Srichellandiamman, Srimuthumariamman, Srivinayagar Kovil situated at Allinagaram, Theni, from 07.04.2026 till 10.04.2026 by considering petitioner's representation dated 03.03.2026 within the time stipulated by this Court.

For Petitioner : Mr.A.Shajahan For R1 & R2 : Mr.S.S.Manoj Government Advocate (Crl.side)

ORDER

Seeking to direct the respondents 1 and 2 to provide adequate police protection during the conduct of the temple thiruvizha namely “Arulmighu Sri Sadayandi, Thiru Mandu Karuppasamy, Srikaliamman, Srichellandiamman, Srimuthumariamman, Srivinayagar Kovil, situated at Allinagaram, Theni, from 07.04.2026 till 10.04.2026 by considering petitioner's representation dated 03.03.2026, this writ petition is filed.

2. Since no adverse order is going to be passed against the respondents 3 to 5, notice to them is dispensed with.

3.The learned counsel for the petitioner submitted that the petitioner had given a representation dated 03.03.2026 to the respondents 1 and 2 seeking to provide adequate police protection during the conduct of the aforesaid temple festival which is proposed to be held from 07.04.2026 till 10.04.2026. However, the said representation has not been considered and has been kept in abeyance. Hence, this writ petition.

3. The learned Government Advocate (Crl.side) submitted that the representation of the petitioner would be considered within a stipulated time.

4. Heard the learned counsels on either side and carefully perused the materials available on record.

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 the respondent 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 made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

6. It is made clear that without going into the merits of this case, the respondents 1 and 2 are directed to consider the representation of the petitioner dated 03.03.2026, after affording an opportunity of hearing to the petitioner and pass appropriate orders within a period of two (2)

weeks from the date of receipt of a copy of this order. No costs.

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