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2026 Supreme(Online)(Mad) 31029

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
M.Kalicharan – Appellant
Versus
The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Muthukulathur Circle, Ramanathapuram District. – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.R.Manickam
For the Respondents:Mr.M.Sakthi Kumar Government Advocate(Criminal), Mr.C.Satheesh Government Advocate(Civil)

Statutory authorities must consider representations on merits timely; inaction justifies Article 226 mandamus.

Headnote:Under Article 226 of the Constitution of India, the petitioner sought a writ of mandamus directing police permission for a temple festival and adequate protection. The petitioner submitted a representation dated 14.03.2026 for festival from 14.04.2026 to 21.04.2026 with protection from 19.04.2026 to 21.04.2026, which remained unconsidered. The court found statutory authorities duty-bound to consider such representations on merits without indefinite delay. The key issue was the respondents' failure to process the representation, amounting to dereliction of duty. The court's ratio decidendi emphasized that non-consideration justifies invoking extraordinary jurisdiction under Article 226, without assessing merits. The court directed respondents to consider the representation dated 14.03.2026 and pass appropriate orders within one week, disposing the writ petition.

Table of Content
1. petition seeks mandamus for temple festival permission and police protection. (Para 1 , 2 , 3)
2. authorities must consider representations on merits timely. (Para 4 , 5)
3. direct consideration within one week; petition disposed. (Para 6 , 7)

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Kalicharan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Muthukulathur Circle, Ramanathapuram District.

2.The Tahsildar, Kadaladi Taluk, Ramanathapuram District, Ramanathapuram.

3.The Inspector of Police, Kadaladi Police Station, Kadaladi, Ramanathapuram District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to grant permission for conducting Temple Festival from 14.04.2026 to 21.04.2026 and direct to give adequate Police Protection from 19.04.2026 to 21.04.2026 by considering the petitioner's representation dated 14.03.2026.

For Petitioner : Mr.R.Manickam For R1 & R3 : Mr.M.Sakthi Kumar Government Advocate(Criminal)

For R2 : Mr.C.Satheesh Government Advocate(Civil)

ORDER

Seeking to direct the 3rd respondent to grant permission for conducting Temple Festival from 14.04.2026 to 21.04.2026 and direct to give adequate Police Protection from 19.04.2026 to 21.04.2026 by considering the petitioner's representation dated 14.03.2026, this writ petition is filed.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner has given a representation dated 14.03.2026 seeking permission for conducting Temple Festival from 14.04.2026 to 21.04.2026 and to give adequate Police Protection from 19.04.2026 to 21.04.2026. Since the same is not considered by the respondents, the petitioner is before this Court.

4. Heard the learned counsel 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. Without going into the merits of the case, this Court directs the respondents to consider the petitioner's representation, dated 14.03.2026 and pass appropriate orders within a week from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition stands disposed of. No costs.

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