Statutory authorities are under a mandatory duty to consider and dispose of representations made to them on merits within a reasonable time to avoid dereliction of duty, and courts may issue a writ of mandamus to compel such action.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22/04/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI W.P Crl.(MD)No.2324 of 2026 S.Elango ... Petitioner Vs

1.The Secretary to the Government, Home, Prohibition and Exercise Department, Secretariat, Fort St.George, Chennai – 600 009.

2.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

Virudhunagar.

3.The State represented by The Inspector of Police, Vanniyampatti Vilakku Police Station, Virudhunagar. ... Respondents PRAYER :-

Writ Petition Criminal filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents more fully the 2nd respondent herein to consider the petitioner's representation dated 02.12.2025 and 02.03.2026 and take necessary action in accordance with law, within stipulated time fixed by this Court.

For Petitioner : Mr.P.Mahendran For Respondents : Mr.M.Muthumanikkam Government Advocate (Crl.Side)

for R.1 Mr.S.Ravi Additional Public Prosecutor for R.2 & R.3

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus, directing the respondents more fully the 2nd respondent herein to consider the petitioner's representation dated 02.12.2025 and 02.03.2026 and take necessary action in accordance with law, within stipulated time fixed by this Court.

2. The learned counsel appearing for the petitioner submitted that the petitioner had given a complaint / representations dated 02.12.2025 and 02.03.2026 as against the rival parties before the third respondent police. However, the third respondent has not taken any action on his representation.

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, there shall be a direction to the respondents to consider the petitioner's representations dated 02.12.2025 and 02.03.2026, on its own merits and pass appropriate orders in accordance with law, after giving notice to the petitioner, as well as all other persons, who may be interested in the subject matter, 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.

5. With the above observations and directions, the criminal original petition stands disposed of. No costs.