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2026 Supreme(Online)(Mad) 41894

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Victoria Gowri, Senthilkumar, JJ
Radhakrishnan – Appellant
Versus
Chief Secretary to Government – Respondent
WP No. 19398 of 2026|WMP Nos. 20679 and 20680 OF 2026



Advocates:
For the Appellants/Petitioners: J.Manikandan, R.Marudhachalamurthy
For the Respondents: N.R.R.Arun Natarajan

Statutory authorities are legally obligated to consider and dispose of representations brought before them within a reasonable timeframe, and failing to do so constitutes a dereliction of official duty.

Headnote:The petitioner sought a Writ of Mandamus under Article 226 of the Constitution of India, requesting the authorities to remove alleged encroachments on temple properties and to safeguard such properties following representations submitted earlier in 2026. The contention was that official inaction regarding these representations constituted a failure of duty. The core issue addressed was whether statutory authorities are obligated to dispose of pending representations regarding the protection of public or religious properties within a reasonable timeframe. The court observed that it is a fundamental duty of statutory authorities to consider and dispose of representations made to them, and such non-consideration amounts to dereliction of official duty. The court directed the relevant authority to consider the pending representations and pass appropriate orders within four weeks, disposing of the writ petition accordingly.

Table of Content
1. complaint regarding encroachment and lack of official response. (Para 1 , 2 , 3)
2. duty of statutory bodies to dispose of representations. (Para 4)

..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 15th respondent to remove encroachment made by the 18th respondent in respect of the properties belonging to the 17th respondent temple and consequentially issue direction directing the 15th respondent to secure and safeguard all properties of 17th respondent temple by considering petitioners representation dated 18.02.2026 and 30.04.2026.

For Petitioner : Mr.J.Manikandan for Mr.R.Marudhachalamurthy For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader – for R1 to R16

Order

(Order of the Court was made by L.Victoria Gowri J.)

This writ petition has been filed seeking a direction to the 15th respondent to remove encroachment made by the 18th respondent in respect of the properties belonging to the 17th respondent temple and consequentially issue direction directing the 15th respondent to secure and safeguard all properties of 17th respondent temple by considering petitioners representation dated 18.02.2026 and

30.04.2026.

2. Learned counsel for the petitioner submitted that the property belonging to the 18th respondent temple has been encroached by the 15th respondent and in order to safeguard the properties of the temple, the petitioner has sent a representation dated 18.02.2026 and 30.04.2026, and no action has been taken so far.

3. Learned Special Government Pleader appearing for the respondents 1 to 16 submits that though the classification of land stands as ‘grazing lands’, vide G.O. (MD) No.2 dated 03.01.1995 and G.O.(MD) No.2 dated 26.02.2021, the property has already been leased out in favour of the 18th respondent.

4. It is needless to state that, whenever a representation is made to the statutory authorities, it is the duty of the authorities to dispose of the same within a limited period and non-consideration of the representation would amount to dereliction of duty.

5. Considering the nature of relief sought for in the present writ petition, the

15th respondent is directed to consider the petitioner's representations dated 18.02.2026 and 30.04.2026 and pass appropriate orders within a period of four (4)

weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Consequently, connected miscellaneous petitions are closed.

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