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2026 Supreme(Online)(Mad) 32665

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
S.Selvaraj – Appellant
Versus
The State of Tamilnadu, Rep by the Superintendent of Police, Sivagangai, Sivagangai District. – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.G.Hari Haran
For the Respondents:Mr.M.Sakthi Kumar (R1 & R2), Government Advocate (Crl.), Mr.C.Satheesh (R3), Government Advocate (Civil)

Statutory authorities must consider representations on merits timely; writ court directs disposal within stipulated time.

Headnote:First Paragraph: Article 226 of the Constitution of India empowers the High Court to issue writs for enforcement of fundamental rights and legal duties. Petitioner seeks police protection for temple festival from 02.06.2026 to 09.06.2026 via representation dated 27.03.2026. Court finds statutory authorities must consider representations on merits without indefinite delay. Second Paragraph: Issue framed as duty of authorities to process representation timely. Ratio: Non-consideration of representation amounts to dereliction of duty, justifying invocation of writ jurisdiction to direct consideration within stipulated time, without prejudice to merits. Third Paragraph: Writ petition disposed of with direction to respondents to consider representation by 23.04.2026 after hearing parties.

Table of Content
1. direct consideration by 23.04.2026; petition disposed. (Para 4)

4. Muthuperumal ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to provide adequate police protection and ensure the peaceful celebration of Varuda Madhu Yadupu Ursava Vila of Arulmigu Sri Muthumariamman Thirukovil situated at Kummagudi Village, Devakottai Taluk, Sivagangai District to be held from 02.06.2026 to 09.06.2026, by considering the petitioner's representation dated 27.03.2026.

For Petitioner : Mr.G.Hari Haran For Respondents : Mr.M.Sakthi Kumar (R1 & R2) Government Advocate (Crl.) Mr.C.Satheesh (R3) Government Advocate (Civil)

ORDER

This writ petition has been filed seeking for a direction to the respondents 1 to 3 to provide adequate police protection and ensure the peaceful celebration of Varuda Madhu Yadupu Ursava Vila of Arulmigu Sri Muthumariamman Thirukovil situated at Kummagudi Village, Devakottai Taluk, Sivagangai District to be held from 02.06.2026 to 09.06.2026, by considering the petitioner's representation dated 27.03.2026.

2. Heard the learned counsel on either side and carefully perused the materials placed before this Court. Since no adverse order is proposed to be passed against the private respondent, notice to him is dispensed with.

3. 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.

4. In the light of the above observations and also the submissions made, there shall be a direction to the official respondents to consider the petitioner's representation dated 27.03.2026, on its own merits and pass appropriate orders in accordance with law, after affording opportunity of hearing to the petitioner and the fourth respondent, on or before 23.04.2026. 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.

5. With the above direction, this writ petition is disposed of.

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