Santhanam 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 Santhanam : Petitioner Vs.
1.The District Collector, Office of the District Collector, Madurai District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Madurai District.
3.The Tahsildar, Office of the Tahsildar, Vadipatti, Madurai District.
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4.The President, Balamedu Pothu Mahalinga Samy Madathu Committee, Balamedu, Madurai District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 3 to take necessary action for giving respect to Paraikaruppasamy temple bull, which is maintained by Ambedkar Paraiyar Uravinmurai as "Karai Bull" at Balamedu Jallikattu event on 16.01.2025 by considering the petitioner's representation dated 30.12.2024 in accordance with law within a time stipulated by this Court.
For Petitioner : Mr.R.Bharath For Respondents 1 to 3 : Mr.S.R.A.Ramachandran Additional Government Pleader
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. 2/7
2.This writ petition has been filed for a Mandamus to direct the respondents 1 to 3 to take necessary action for giving respect to Paraikaruppasamy temple bull, which is maintained by Ambedkar Paraiyar Uravinmurai as "Karai Bull" at Balamedu Jallikattu event on 16.01.2025 by considering the petitioner's representation dated 30.12.2024 in accordance with law.
3.Since this Court is directing the respondents 1 to 3 to consider the petitioner's representation, after giving due opportunity to the private respondent herein, notice to the private respondent is hereby dispensed with.
4.The petitioner herein had given representation to the respondents on 30.12.2024, in this regard. Since the said representation was not considered, the present writ petition has been filed. 5.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 3/7
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. 6.In the light of the above observations, there shall be a direction to the respondents 1 to 3 to consider the petitioner's representation dated 30.12.
2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein and the fourth respondent, as well as all other persons, who may be interested in the subject matter, 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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7.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, Office of the District Collector, Madurai District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Madurai District.
3.The Tahsildar, Office of the Tahsildar, Vadipatti, 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