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2026 Supreme(Online)(Mad) 39911

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
Murugan – Appellant
Versus
State of Tamil Nadu – Respondent
W.P.Crl.(MD)No.1781 of 2026



Advocates:
For the Appellants/Petitioners: K. Prakash
For the Respondents: M. Sakthi Kumar

Statutory authorities are under a legal obligation to consider representations on their merits and pass appropriate orders within a reasonable timeframe; failure to do so constitutes a dereliction of duty, justifying the exercise of extraordinary powers under Article 226.

Headnote:(A) Writ Jurisdiction - Mandamus - Consideration of Representation - Statutory authorities have a legal duty to consider representations made to them on their own merits and pass appropriate orders rather than keeping them pending indefinitely. (Para 5)

Issues: Whether the respondent police are mandated to consider the representation submitted by the petitioner within a stipulated time frame.

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to consider the petitioner's representation dated 06.01.2026 and take appropriate action within

the time limit stipulated by this Court forthwith.

For Petitioner : Mr.K.Prakash

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W.P.Crl.(MD)No.1781 of 2026

For R1 and R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.)

ORDER

Seeking to direct the respondents 1 and 2 to consider the petitioner's

representation dated 06.01.2026, this writ petition is filed.

2. Considering the limited prayer sought for by the petitioner, notice to

the private respondents is dispensed with.

3.When the matter was taken up for hearing, the learned Government

Advocate(crl.side) appearing for the respondent police, on instructions, submitted that the representation sent by the petitioner through post has been

received and he has not even produced any documents in this regard.

4. Heard the learned counsel on either side and carefully perused the

materials placed before this Court.

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 him to consider the same on its own merits and pass appropriate orders in one way or other, instead

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W.P.Crl.(MD)No.1781 of 2026

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.

6. In the light of the above observations and also the submissions made,

the petitioner is directed to appear before the respondent police with all necessary medical records, and on his appearance, the respondent police is directed to consider the petitioner's representation dated 06.01.2026, on its own merits and pass appropriate orders in accordance with law, within a period of four weeks 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.

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

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