Sivanath Babu 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 Sivanath Babu : Petitioner Vs.
1.The District Collector, Madurai District, Madurai.
2.The Revenue Divisional Officer, Usilampatti, Madurai District.
3.The Tahsildar, Usilampatti Taluk, Madurai District.
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4.The Deputy Superintendent of Police, Thirumangalam Division, Madurai District.
5.The Inspector of Police, Sindhupatti Police Station, Madurai District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to grant permission and protection to conduct "Kida-Muttu Cultural Program" scheduled to be taken place on 23.02.2025 between 08.00 a.m. to 03.00 p.m. in connection with "Shivaratri Festival" in Arulmigu Aathi Sivan Thirukovil situated at N.Ayyampatti Village, Nattamangalam, Usilampatti Taluk, Madurai District by considering the petitioner's representation dated 19.12.2024.
For Petitioner : Mr.P.Suresh For Respondents 1 to 3 : Mr.J.Ashok, Additional Government Pleader For Respondents 4 & 5 : 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 respondents to grant permission and protection to conduct "Kida-Muttu Cultural Program" scheduled to taken place on 23.02.2025 between 08.00 a.m. to 03.00 p.m. in connection with "Shivaratri Festival" in Arulmigu Aathi Sivan Thirukovil situated at N.Ayyampatti Village, Nattamangalam, Usilampatti Taluk, Madurai District by considering the petitioner's representation dated 19.12.2024. 3.The petitioner herein had given a representation to the respondents on 19.12.2024, 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 respondents to consider the petitioners' representation dated 19.12.2024, on its own merits and pass appropriate orders in accordance with law, within a period of two [2] weeks 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, Madurai District, Madurai.
2.The Revenue Divisional Officer, Usilampatti, Madurai District.
3.The Tahsildar, Usilampatti Taluk, Madurai District.
4.The Deputy Superintendent of Police, Thirumangalam Division, Madurai District.
5.The Inspector of Police, Sindhupatti Police Station, Madurai District.
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M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 10.01.2025 7/7