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2026 Supreme(Online)(Mad) 31347

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
A.Thamba Nayakkar – Appellant
Versus
The Superintendent of Police, Dindigul District – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.RM.Arun Swaminathan
For the Respondents:Mr.M.Sakthi Kumar Government Advocate

Statutory authorities must consider representations on merits within reasonable time; courts can direct under Article 226.

Headnote:The petitioner sought a writ of mandamus under Article 226 of the Constitution of India directing respondents to grant permission and provide police protection for temple festivals from 24.03.2026 to 10.04.2026 as per a representation dated 20.03.2026. 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 court directed consideration within one week without expressing views on merits. The primary issue was the failure to process the representation for police protection. The ratio decidendi holds that authorities have a duty to decide representations promptly on merits, and courts may direct time-bound action under Article 226 for non-performance. The writ petition is disposed of with directions to consider the representation dated 20.03.2026 on merits and pass orders within one week.

Table of Content
1. petition seeks police protection for temple festivals per representation. (Para 1 , 2)
2. duty to consider representations on merits without delay. (Para 3 , 4)
3. direct time-bound consideration; petition disposed. (Para 5)

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Thamba Nayakkar ... Petitioner Vs.

1. The Superintendent of Police, Dindigul District.

2. The State of Tamilnadu, Rep by the Inspector of Police, Gujiliyampaarai Police Station, Dindigul District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to grant permission and provide adequate Police Protection to conduct festivals in Shri Muthalamman Temple, Shri Kaliyamman Temple, Sri Bhagavathy Amman and Shri Mariamman Temple from 24.03.2026 to 10.04.2026, situated at S.No. 1891, Koottakaaranpatti, Palayam Village, Gujiliyampaarai Taluk, Dindigul District in accordance with the schedule by considering the petitioner's representation dated 20.03.2026 within the time stipulated by this Court.

For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.M.Sakthi Kumar Government Advocate

ORDER

This writ petition has been filed seeking for a direction to the respondents to grant permission and provide adequate police protection to conduct festivals in Shri Muthalamman Temple, Shri Kaliyamman Temple, Sri Bhagavathy Amman and Shri Mariamman Temple from 24.03.2026 to 10.04.2026, situated at S.No.1891, Koottakaaranpatti, Palayam Village, Gujiliyampaarai Taluk, Dindigul District in accordance with the schedule, by considering the petitioner's representation dated 20.03.2026 within the time stipulated by this Court.

2. The learned counsel appearing for the petitioner submitted that the petitioner sent a representation dated 20.03.2026 seeking adequate police protection to conduct festivals of the aforesaid temple.

3. Heard the learned counsel on either side and carefully perused the materials placed before this Court.

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 India and direct them to consider the same within a stipulated time.

5. In the light of the above observations and also the submissions made, there shall be a direction to the respondents to consider the petitioner's representation dated 20.03.2026, on its own merits and pass appropriate orders in accordance with law, within a period of one week from the date of receipt of a copy of this order. It is also 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 respondents to consider the same on its own merits.

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