S.Thenan v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE 1.S.Thenan 2.T.Thirupathi : Petitioners Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Sivagangai.
3.The Superintendent of Police, Sivagangai District, Sivagangai.
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4.The Inspector of Police, Puluthipatti Police Station, Sivagangai District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent to grant permission for conducting "Karagam Eduppu Thiruvizha" along with "Manjuvirattu" on 17.03.2025 at Arulmigu Malayala Sastha Ayyanar Temple festival K.Pudhupatti, Dharmapatti Post, Singamalai Taluk, Sivagangai District and consequently direct the third respondent to give sufficient police protection to the villagers to conduct the festival in a peaceful manner based on the petitioner's representation dated 18.12.2024.
For Petitioner : Mr.R.G.Shankar Ganesh For Respondents 1 & 2 : Mr.S.Shaji Bino, Special Government Pleader For Respondents 3 & 4 : Mr.P.Kottaisamy, Government Advocate [Crl. Side] 2/7
O R D E R
************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2.This writ petition has been filed for a Mandamus to direct the first respondent to grant permission for conducting "Karagam Eduppu Thiruvizha" along with "Manjuvirattu" on 17.03.2025 at Arulmigu Malayala Sastha Ayyanar Temple festival K.Pudhupatti, Dharmapatti Post, Singamalai Taluk, Sivagangai District and consequently direct the third respondent to give sufficient police protection to the villagers to conduct the festival in a peaceful manner based on the petitioner's representation dated 18.12.2024.
3.The petitioners herein had given a representation to the first respondent on 18.12.2024, in this regard. Since the said representation was not considered, the present writ petition has been filed. 3/7
4.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 the India and direct them to consider the same within a stipulated time. 5.In the light of the above observations, there shall be a direction to the first respondent to consider the petitioners' representation dated 18.12.2024, on its own merits and pass appropriate orders in accordance with law, within a period of three [3] days from the date of receipt of a copy of this order. It is 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 concerned respondents to consider the same on its own merits.
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6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
[M.S.R.,J.] & [A.D.M.C.,J.] 10.01.2025 Index : Yes/No Internet : Yes/No MR 5/7
To 1.The District Collector, Sivagangai District, Sivagangai.
2.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Sivagangai.
3.The Superintendent of Police, Sivagangai District, Sivagangai.
4.The Inspector of Police, Puluthipatti Police Station, Sivagangai District.
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M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 10.01.2025 7/7