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2026 Supreme(Online)(Mad) 42246

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
Panneer Selvam – Appellant
Versus
Commissioner – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: A. Balamurugan
For the Respondents: S. Ravichandran

The High Court may issue a direction under Article 226 to public authorities to consider and dispose of a grievance representation in accordance with the law, without expressing an opinion on the merits of the contentions.

Headnote:The petitioner sought a writ of Mandamus under Article 226 of the Constitution of India, 1950, to compel authorities to consider his representation regarding an alleged illegal subletting of temple land. The petitioner alleged that a property auctioned by the religious endowment department was sublet in violation of the auction conditions prohibiting such acts. The court, without adjudicating upon the merits, directed the respondent authority to evaluate the petition within a stipulated timeframe. The central issue was whether the statutory authority was obligated to examine the alleged breach of lease conditions submitted in a representation. The ratio decidendi rests on the principle that the court may exercise its discretionary jurisdiction to direct authorities to consider representations regarding potential statutory or regulatory violations without encroaching upon the executive's domain. The writ petition was disposed of with a direction to the second respondent to consider the petitioner's representation after granting an opportunity of hearing to relevant parties within six weeks.

Table of Content
1. summary of facts concerning alleged lease violations. (Para 1 , 2)
2. court’s disposition directing consideration of the representation. (Para 4 , 5)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner’s representation dated 01.04.2026 given to the 2nd respondent and pass order thereon within the time as may be stipulated by this Court.

For Petitioner(s): Mr.A.Balamurugan For Respondent(s): Mr.S.Ravichandran, Additional Govt. Pleader (HR & CE)

for R1 to R3

O R D E R

This Writ Petition is filed for a Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 01.04.2026 given to the

2nd respondent.

2. The case of the petitioner is that the wet land comprised in S.No.285/3 to an extent of 1.80 acres situated at Nellur Revenue Village belongs to Arulmigu Pasavanna Swamy Thirukovil which is under the control of HR & CE Department. On 19.02.2026 at 3.00 p.m., the 3rd respondent auctioned the said property and the 4th respondent took the said property on lease for Rs.25,000/- and the lease period is for 2 ½ years. As per condition No.11 of the advertisement of the public auction notice, a person who takes the land on lease should not sublet the property and if the person who takes the land on lease sublets, the lease agreement executed in his favour is liable to be cancelled. However, the 4th respondent, after getting the land on lease for a period of 2 ½ years, on 29.03.2026 conducted a public auction and sublet the said property to a third party for a sum of Rs.76,000/-. In this regard, the petitioner made a representation dated 01.04.2026 as to the said illegal public auction to the 2nd respondent and since no action has been taken, the petitioner has filed the instant writ petition.

3. Heard the submissions of both sides and perused the materials.

4. Considering the limited scope of prayer sought for, this Court, without expressing anything on merits, directs the second respondent to consider the petitioner's representation dated 01.04.2026 after affording opportunity to the petitioner, 4th respondent and other interested parties and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. This Writ Petition stands disposed of with the above directions. No costs.

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